Dated 1842

Below is the will of Elijah Naboth Stanyforth, son of Thomas Staniforth and wife of Ann Staniforth

This is the last will and testament of me, Elijah Naboth Staniforth of Mosborough Moor in the parish of Eckington in the county of Derby, Sickle Manufacturer.

I give and devise appoint and bequeath all my real and personal estates (including copyholds) property and effects whatsoever and wheresoever to my cousins Joseph Staniforth of the Paddocks in the parish of Sheffield in the county of York, farmer and Samuel Staniforth of Sheffield aforesaid Grocer their heirs executors administrators and assigns, upon first to permit and ? my dear wife Ann Staniforth to have the use and enjoyment thereof during her widowhood she therefore maintaining educating and bringing up to the satisfaction of my said trustees my son or sons for the time being under the age of twenty one years and my daughter or daughters for the time being under that age and unmarried and also paying all current expenses and keeping down the interest on all and every or any mortgage or mortgages or other charges encumbrances affecting my property, and in default thereof I authorize my trustees in their discretion to retain and appropriate for any of such purposes so much of the said rents issues and profits as may be necessary or as they shall think expedient, and upon further trust after the decease or marriage again of my said wife (which shall first happen) to divide convey surrender and transfer all of my said real and personal estates property and effects in equal shares among and to such of my children as shall attain the age of twenty one years or shall marry under that age their his or her heirs executors administrators and assigns as tenants in common, conveying surrendering or transferring to each child his or her original share and such further share or shares as may accrue to him or her by the death of any of my children under that age and unmarried, and applying in or towards the maintenance education and bringing up of each child being a minor during his or her minority the whole or a completent part of the income arising from his or her share or contingent or ? share and accumulating the unapplied income which shall be deemed part of the capital of the share from whence the same shall respectively have arisen, provided and I do declare that my trustees with the consent of my said wife during her widowhood and after her decease or marriage at their own discretion may advance to each or any of my children a moiety or less of such child’s expectant share and for such purpose to mortgage or charge any of my estates if necessary, and I direct, that each child to which such advance shall be made shall pay interest for the same after the rate of five pounds per ? per annum which during the widowhood my said wife shall be paid to or received by her the same to be secured to the satisfaction of my trustees.

I empower my said wife with the consent and under the control of my trustees to carry on my business of a Sickle manufacturer during her widowhood or for such shorter period as my trustees shall think fit, and for that purpose she shall have the use and occupancy of all or a sufficient portion of my real and personal estate which may be employed therein at my decease, my trustees to have power to increase the capital thereof out of my property or to diminish the same at their discretion. And if my said wife shall die or be unwilling to carry on the said business or be desirous at any time of giving up the same I authorize my trustees to discontinue or carry on the same at their discretion, and I declare that my trustees shall not be personally liable for issues happening to my estate by the carrying on of the said trade by them or my said wife but that all such losses shall be made good out of my trust property, and that the profits arising from the said trade shall go and belong to my said wife during her widowhood and afterwards be considered part of my personal estate and be subject to the trusts and provisions herein declared concerning the same.

I empower my trustees to accept compositions for debt, to compromise claims made on behalf of or against my estate or to refer them to arbitration and to forego or satisfy such claims as they may deem it just or expedient as to do whether the same be legally enforceable or not and to vary the securities upon which any of my property at the time of my decease or afterwards may be invested and also during the widowhood of my said wife with her consent and after death or marriage at their discretion to lease all of any of my messuages land and tenements for any term not exceeding seven years in possession at such rent and upon such terms as they may deem adequate and proper without taking any fine or premium for the same.

I declare that the receipts of the trustees or trustee for the time being of this my will for any money paid to them or him in that character shall exonerate purchasers and others paying the same from all liability in respect of the application thereof.

I device all my estates vested in me as trustee or mortagee to the said Joseph Staniforth and Samuel Staniforth their heirs executors administrators and assigns subject to the trusts and equities affecting the same respectively

I declare that if my trustees herein named or either of them shall refuse to accept the trusts of my will or if they or either of them or any trustees or trustee to be appointed under this provision shall die or become unwilling or unable to act, it shall be lawful for my said wife during her widowhood and afterwards fir the trustees or trustee for the time being whether refusing continuing or declining to act, or if none for my adult child of only one, or all my adult children if more than one, or the major part of them, or if there be no such adult child or children for the executors, or administrators of any deceased trustee, to appoint any fit person or persons to be a trustee or trustees in the place of any trustee or trustees dying or refusing or becoming unwilling or unable to act.

I declare that the trustees or trustee for the time being of this my will shall not be answerable for each other’s acts or defaults nor for involuntary losses and shall be at liberty to retain and allow to each other all expenses incurred in the execution of the trusts and powers of this my will.

I appoint my said wife, she continuing my widow and the said Joseph Staniforth and Samuel Staniforth executors of this my will and also guardians of the persons and ? of my infant children.

In witness whereof I the said Elijah Naboth Staniforth have to this and the two preceding sheets of paper containing my last will and testament subscribed my name this tenth day of November in the year of our lord One thousand eight hundred and forty two.

[Probate granted at Chesterfield 29th April I843 to Ann Staniforth, Widow, Executrix]