Dated 1852

Hugh Staniforth's mark on the will.

Below is the will of Hugh Staniforth, baptised on the 9th September 1826, the son of Thomas Staniforth and Ann Hibbard. He never married or had children.

This is the last will and testament of me Hugh Staniforth of Hackenthorpe in the parish of Beighton, in the county of Derby, Scythe manufacturer and farmer. I direct that all my first debts, funeral and testimony expenses be paid and discharged by my executors hereinafter named as soon as conveniently may be after my decease.

I give and bequeath unto my brother Henry Staniforth of Hackenthorpe aforesaid gentlemen and my friend James Radley of Beighton aforesaid farmer a legacy of nineteen pounds nineteen shillings each as some compensation for their trouble in executing the trusts of this my will.

I give and bequeath unto my sister Mary a legacy of fifty pounds as an acknowledgement for the ease in keeping my house and for her kindness and attention to me during sickness

I give devise and bequeath all that my share and interest of and in the partnership (unto the said Henry Staniforth and James Radley) trade now carried on by me and also all my freehold property household furniture money securities for money and all other my real and personal estate and effects whatsoever and whensoever which I may be possessed of or entitled unto at the time of my decease to hold the same unto the same Henry Staniforth and James Radley then heirs executors administrators and assigns upon trust with all amount? Speed after my decease but in the absolute discretion of my said trustees to well and dispose of such part or ? of my said real and personal estate and appeals as shall not consist of money other by public auction or private contract as to my said trustees shall seem best. And upon trust I make such ? with my copartners repealing my share and interest in the said partnership trade and effects either by ? or withdrawing the same as to them my said trustees shall seem most advisable and as many be necessary according to the ? of partnership and which the said trade or business may be carried on and upon trust to collect and get in all debts and sums of money owing to me with all convenient speed so that the whole of my said real and personal estate and effects may be converted into money and after payment thereof of my debt and funeral and testimony expenses and the legacies hereinbefore bequeathed upon trust to pay and divide the residue of my said estate and effects unto an equally between and amongst all and every my brothers and sisters namely Thomas Staniforth, Ann the wife of George Cox, Mary Staniforth, Rowland Staniforth, Mark Staniforth, Sarah the wife of James Gray, the said Henry Staniforth and John Staniforth do hold to them the said Thomas Staniforth Ann Cox Mary Staniforth Rowland Staniforth Mark Staniforth Sarah Gray Henry Staniforth and John Staniforth, there executors administrators and assigns as ? in common for their own absolute use and benefit but the shares of the said Mark Staniforth and Sarah Gray shall be subject to the restrictions hereafter mentioned Provided always and I hereby declare that in easy of the time of my decease any of them the said Thomas Staniforth Ann Cox Mary Staniforth Rowland Staniforth Mark Staniforth Sarah Gray Henry Staniforth and John Staniforth shall be dead having left any child or children surviving him or her such child or children more than one shall take in equal proportions the share of my said real and personal estate and effects which his or her deceased parent would have taken if giving provided also and I hereby declare that my said trustees shall stand possessed of and interested in the share of my residency estate and effects hereinbefore given and bequeathed to my said brother Mark Staniforth upon trust to invest the same in the government grants? On upon mortgage of freehold copyhold or leasehold estates in England in the names of any said trustees with power from time to time to after and vary such securities for or into others of a life nature and to pay the interest provided and annual produce arising from such share unto the said Mark Staniforth during his life and on the death of the said Mark Staniforth to apply the said interest and annual proceeds for the benefit of the two children of the said Mark Staniforth until the youngest of them shall attain the age of twenty five years and then to divide the principal of such shares between the said two children of the said Mark Staniforth in equal share and if neither the said children shall attain the age of twenty five years to divide the same equally between and amongst all my brothers and sisters who shall be then living provided also that my said trustees shall stand possessed of and interested in the share of my said residency estate and effect hereinbefore given to my said sister Sarah Gray upon trust to invest the same as hereinbefore ? with respect to the share of my said brother Mark Staniforth and I pay the interest divided and annual produce thereof unto my sister Sarah Gray during her life for her own sole separate and inalienable use and benefit and her receipt and hers only shall be a ? and sufficient discharge for the same and the same shall not be subject to the control? or engagements of her husband and on the death of the sad Sarah Gray to apply the said interest and annual produce for the benefit of the children of the said Sarah Gray (if any) until the youngest of them shall attain the age of twenty one years and then to divide the same amongst them in equal shares and if my sister Sarah Gray shall bare no children who shall attain the age of twenty one years then to divide the same amount amongst my brothers and sisters who shall be then living in equal shares provided also that every receipt which shall be given by my said trustees for any money payable to them under me by virtue of this my will shall effectively discharge the person or persons to whom the same shall be given from all responsibly in respect of the ? of the monies therein expressed to be ?

I hereby declare the in case the said Henry Staniforth and James Radley or either of them shall die in my lifetime or shall renounce the execution of the trusts hereby created or in case they or any trustee or trustees to be appointed under the present provision shall die or shall become unwilling or unable to act in the aforesaid ? then and so often as the same shall happen it shall lawful for the remaining trustee or if there be no such trustee then for the ? trustee for the time being or if there be no such last mentioned trustee then for the executors or administrators of the last deceased trustee to nominate any fit person or persons to supply the place or places of the trustee or trustees so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trust estate monies and effects shall be conveyed or handled? In such that the same may vest in such new trustee or trustees family with the surviving or ? trustee or trustees or in such new trustee or trustees solely as the case may require and such new trustee or trustees shall have and be capable of exercising all the powers and authorities aforetaken hereinbefore contained in the same manner to all intent and purposes as if he or they had been appointed a trustee or trustees by this my will.

Provided also that the trustees for the time being of this my will shall be changed and changeable with such ? only as they respectively shall actually receive by virtue of the trust hereby uphold in them notwithstanding then forming in any receipt or receipts or doing any other act for the sake of conformity and that they or any of them shall not be agreeable or accountable for misfortune? Cost or damage which may happen in the execution of the aforesaid trusts or my relation thereto provided also and I hereby lastly declare that it shall be lawful for the said trustees or trustee for the time being by and of the money which shall come to them or his hands by virtue of the trusts aforesaid to deduct whom and reimburse for themselves respectively on himself and also I allow to each other all costs charges damages and expenses and fees to counsel? for advice which they or any of them may sustain dispense or incur in or about the execution of the aforesaid trust or in relation thereto and I hereby nominate and appoint to said Henry Staniforth and James Radley joint executors of this my will and lastly I hereby revoke all former will and ? made and declare this only to be my last will and testament and I declare that the expression my said trustees in this my will shall be entrusted to mean the trustee or trustees for the time being of this my will. In witness thereof I the said Hugh Staniforth the testator here set my hand to each of the sheets of this my last will and testament this sixth day of January in the year of our lord one thousand eight hundred and fifty two.

Signed by the said testator Hugh Staniforth.