Dated 1826

Below is the will of Luke Staniforth, son of Thomas Staniforth and wife of Mary Higginbotham

This is the last will and testament of me Luke Staniforth of Mosbrough in the parish of Eckington in the county of Derby, Gentleman. First I will and direct that all my just debts, funeral and testamony expenses shall be paid and discharged by my trustees and executors hereafter named out of my personal estate and effects in which debts I include a bond debt ot five hundred and fifty pounds payable to my niece Sarah Flather six months after my decease and also such simple contract debt as I may happen to owe to her for wages or otherwise and I do give and bequeath unto my said Niece Sarah Flather, all my household furniture, plate, linen and china and other household effects for her own absolute use and benefit. Also I do give device and bequeath unto my said niece Sarah Flather all that my copyhold messuage or dwellinghouse with the garden thereto belonging situate and being at Mosbrough aforesaid and now in my own possession, to hold to my said Niece Sarah Flather, her heirs and assigns for ever. Subject nevertheless to and charged and chargeable with the payment of the sum of one hindred pounds to my nephew John Staniforth, and the sum of twenty five pounds to each of his brothers and sisters, my nephews and nieces, Joseph Staniforth, Samuel Staniforth, Thomas Staniforth, Robert Staniforth, Harriet the wife of Thomas Ward and Elizabeth Staniforth, at the expiration of two years next after my decease, unless any of my said last mentioned nephews or nieces shall be then infants in which case the legacies of such of them as shall happen to be under the age of twenty one years shall be paid to him her or them resepctively upon attaining that age and not before, but without interest, and in case of the death of any of my said last mentioned nephews and nieces under the age of twenty one years having lawful issue, then I will and direct that such issue shall be entitled to the legacy of his or their deceased parent or parents, share and share alike, but in case of the death of any of them under the said age of twenty one years without having lawful issue, then that the legacy of him her or them so dying as last aforesaid shall go and be paid to the survivors or survivor of them share and share alike. Also I give and bequeath unto my said Niece Sarah Flather all that my freehold messuage or dwellinghouse with the outbuildings thereto belonging and being at Hackenthorpe in the said county of Derby, as the same are now in the occupation of David Taylor, and also all that my freehold close or parcel of land being at Killamarsh in the said county of Derby called the Pingle, now in the occupation of Widow Bright to hold the same unto my said Niece Sarah Flather her heirs and assigns for ever. Also I do give devise and bequeath unto my friends William Lockwood of Sheffield in the county of York, Merchant, and Thomas Hutton of Mosbrough aforesaid, Sickle Manufacturer, all and singular my freehold and copyhold messuages, lands and tenements nad hereditaments whatsoever situate and being at Mosbrough Moor Hole in the parish of Eckington aforesaid, and also at Hollins End and Woodthorpe Common, both in the parish of Handsworth in the said County of York, or elsewhere not hereinbefore by me disposed of. To hold to them the said William Lockwood and Thomas Hutton and the survivor of them their executors and administrators for the term of two years to commence from the day of my decease upon just during the said term to receive and take the rents issues and profits of my said Freehold and Copyhold estates so divised and bequeathed to them as aforesaid, and apply the same and all accumulation thereof, together with the interest dividends and annual produce to arrise from the monies and effects hereafter bequeathed to them in aid of my personal estate for the purposes of this my will and from and immediately after the expiration of the said term of two years, I do give devise and bequeath unto my nephew Jonah Hawkridge, all that my Freehold close pr [arce; pf ;amd lying and being at or near Hollins End in the parish of Handsworth aforesaid, and now in the occupation of Joseph Jackson, to hold to him my said Nephew his heirs and assigns forever. Subject nevertheless to and charged and changeable with the payment of one annuity as clear yearly sum of five pounds, which I give unto my brother Thomas Staniforth and his assigns during his natural life, to be paid and payable to him by two half yearly payments, the first payment tyhereof to begin and be made at the end of six months next after the expiration of the term of two years above mentioned. And in case the said Annuity shall at any time be in arrears and unpaid by the space of twenty days next after the same shall become due and payable according to this my will. I do direct and declare that it shall be lawful for my said brother and his asigns to enter into or upon the said close and premises or any part thereof and distain for the same annuity and the distress or distresses then and there toaken to detain and keep until payment and satisfaction of all arrears of the said annuity and all costs and charges attending such distress or distresses, in the same manner as for remt om arrears and from and after the decease of my said brother Thomas Staniforth, then subject nevertheless to and changes and changeable with the payment of the sum of one hundred pounds, which I give unto my Niece Elizabeth Staniforth, one of the daughters of my said brother Thomas Staniforth, her executors and administrators, to be paid to her or them by my said nephew Jonah Hawkridge his heirs or assigns within twelve calendar months next after the decease of my said brother Thomas Staniforth. And I do give devise and bequeath unto my nephew Elijah Naboth Staniforth, all that my messuage or dwellinghouse with the outbuildings thereto belonging, situate and being at Mosbrough Moor Hole in the parish of Eckington aforesaid, together with the several closes, pieces or parcels of land thereto belonging and therewith held and enjoyed, as the same as now in the occupation of my said nephew Elijah Naboth Staniforth, and are partly freehold and partly copyhold. And also all that my one undivided fourth part and all other my part share and interest, in and to the freehold grinding wheel land and tenements situate on Woodthorpe Common in the Parish of Handsworth aforesaid called Birley Moor Upper Wheel, and all other my Freehold and Copyhold estates whatsoever and wheresoever not hereinbefore by me disposed of to hold the same unto my said nephew Elijah Naboth Staniforth and his assigns dring his natural life, and from and after his decease. I do give devise and bequeath all the said last mentioned freehold and copyhold estates unto his son Luke Staniforth, his heirs and assigns for ever. Also I give and bequeath unto the said William Lockwood and Thomas Hutton, who are hereafter appointed executors of this my will, all and singular my ready money, money out of interest and respective mortgages bonds notes and other securities for the same, And all other my personal estate and effects not hereinbefore by me disposed of, to hold the same upon the several trusts and for the intent and purposes hereafter expressed and declared that is to say upon trust that they my said trustees and executors or the survivor of them his executors to and shall as soon as may be after my decease in the trusts of my will, convert into money all such part of my said estate and effects as shall not consist of money, and thereof pay and discharge my debts, funeral and testatmony expeses, and subject thereto, I do will and direct that my said trustees and executors or the survivor of them his executors and administrators do and shall stand possessed of the residue of the money to arise and be produced from my said personal estate and effects to receive and take the interest dividents as annual produce of such monies for and during the term of two years to commense and be ? from the day of my decease and apply the same annual produce and all accumulation thereof together with the rent and profits of my freehold and copyhold estates hereinbefore devised, to them and aid of my personal estate for the purposes of this my will, and from and after the expiration of the said term of two years, upon further trust that they my said trustees and executors or the survivor of them his executors or administrators do and shall pay. And I do give and bequeath the following legacies that is to say, to my nephews and nieces, John Castle, Jonathan Castle, Mary the wife of George Bingham and the said Sarah Flather the sum of fifty pounds each, to my late wife's nephew David Hasslehurst? the sum of two hundred pounds, to my late wife's nieces Martha, the wife of William Andrews and Ellen the wife of Thomas Shelton, the sum of one hundred and fifty poudns each, and to my great nephew James Stocks, the sum of fifty pounds which said several legacies I do direct shall be paid as soon as convenient may be after the expiration of the said ? except the legacy to the said James Stocks, who is now a minor, which shall be placed out of interest for his benefit during his minority and paid to him upon attaining the age of twenty one years, the interest thereof in the mean time being applied towards his maintenance and education. But in case of his death under the age of twenty one years and without having lawful issue, then I do direct that the same legacy shall sink into and become part of my estate, and upon further trust that they my said trustees and executors or the survivor of them his executors or administrators do and shall as soon as convenient may be after the xpiration of the said term of years, pur and place out the sum of one hundred pounds on mortgage or other good security in the other names and pay the interest thereof unto my said brother Thomas Staniforth during the sum of his natural life, and from and after his decease do and shall call in and receive the said sum of one hindred pounds to be placed out aforesaid, and pay and divide and I do give and bequeath the same unto and equally between Ellen, the wife of Thomas Wood, and Mary the wife of Bossworth? two of the daughters of my said brother Thomas Staniforth, and to their executors and administrators share and share alike. And upon further trust that they my said trustees or the survivor of them his executors or administrators do and shall be as soon as convenient may be after the expiration of the said term of two years, put and place out of the further sum of one hundred pounds upon Government or Mortgage or other good security in their names or otherwise and pay the interest thereof unto the proper hands of my late wife's niece, Elizabeth the wife of John Pan? during his natural life, into the hands of such person or persons as she shall by any note in writing under her hand from time to time (but not by way of anticipation) appoint to receive the same to the intent the same may not be subject to the debts or contract. And I do direct that the receipt or receipes along of the said Elizabeth Pan or of such person or persons as she shall appoint as aforesaid shall from time to time be good and sufficient discharges to my said trustees and executors for the aforesaid interest and from and after the decease of the said Elizabeth Pan upon further trust they they my said trustees and executors or the survivor of them his executor or administrators do and shall call in and receive the said sum of one hundred pounds so to be placed out as last aforesaid, and pay and divide, and I do give and bequeath the same unto all and every the child and children of the said Elizabeth Pan their executors and administrators respectively if more than one equally share and share alike on attaining their respective ages of twenty one years, and if only one such child then to such only child his or her executors or administrators, and upon further trust that they my said trustees and executors or the survivor of them his executors or administrators do and shall pay and I do give and bequath all the rest residue and remainder of the money to arrjse from my personal estate and effects after the several payments and provisions aforesaid unto my nephew the said Elijah Naboth Staniforth, and my niece the said Sarah Flathe equally to be divided between them share and share alike, and to their respective executors, administrators and assigns, And I do nominate and appoint the said William Lockwood and Thomas Hutton joint executors of this my will, and I do direct and declare that they my said trustees and executors or the survivor of them, his heirs executors administrators of assigns shall be charged and chargeable for such sum and sums of money only, as they or he shall respectively actually receive or which shall come to there or his respective hands by virtue of this my will, and that they shall not be answerable or accountable one for another, or for the heirs executors adminsitrators acts deeds or defaults of each other,

Luke Staniforth