Dated 1846

Thomas Staniforth's mark on the will.

Below is the will of Thomas Staniforth, baptised on the 20th January 1785, the son of Thomas Staniforth and Sarah Hurt, and the husband of Ann Hibbard.

This is the last will and testament of me, Thomas Staniforth of Hackenthorpe in the parish of Beighton in the county of Derby, Sickle manufacturer.

I direct that all my just debts funeral and testimony expenses shall be paid by my executors hereafter named out of my estate and effects.

I give and devise and by virtue and in exercise of all powers vested in me appoint unto my friends the Reverend Thomas Mountain of Beighton, aforesaid Clerk and John Jubb of Drake House in the parish of Beighton aforesaid gentleman and my son Thomas Staniforth All and singular my messuages lands tenements hereditaments and real estate situate at Hackenthorpe aforesaid and in the parish of Handsworth in the said county of York or elsewhere (except trust and mortgages estates vested in me which are hereafter devised) And also all my leasehold estates and all my stock in trade furniture, farming stock, crops, tillages, ready money, money out at interest with the securities for the same and other my personal estate whatsoever and wheresoever To hold the same unto them the said Thomas Mountain, John Jubb and Thomas Staniforth their heirs executors administrators and assigns according to the nature and like thereof respectively upon trust that my said trustees do and shall either by and with the rents of my real and leasehold estates and the interest of any securities belonging to me and the whole at a competent part of my personal estate or by and with the profits of my trade and farm to be carried on by my said son Thomas Staniforth as hereinafter mentioned or by any of those ways or means which to my said trustees may appear advisable pay expend and apply in and towards the maintenance education clothing and bringing up of such of my children as may be under the age of twenty one years at my decease, during their respective minorities according to their stations in life and if my said trustees think proper, in and towards the maintenance and clothing of my unmarried daughters during that period such sum, a sums of money as my said trustees shall deem proper and sufficient for all or any of those purposes and upon further trust that they my said trustees shall out of my estates and effects or any of some part thereof by such ways and means as they shall think proper, raise and pay the legacy or sum of two hundred pounds to each of my children. Mary Staniforth, Sarah Staniforth, Henry Staniforth, John Staniforth and Hugh Staniforth (being the same sum as I have thereafter in my lifetime given to each of my other children) the same to be paid to such of the same children respectively as shall have attained the age of twenty one years, as soon as conveniently may be after my decease and to the others of them respectively when and as they shall respectively attain that age and if any of them shall happen to die under the age of twenty one years, then I direct that the legacy of him or her so dying shall laps and fall into the residue of my personal estate, and upon further trust that my said trustees shall permit my said son Thomas Staniforth during the minority of all or any of my infant children, to carry on my trade of a Sickle manufacturer, and my farm, or either of them for the benefit of my estate, and for that purpose to employ therein such goods, wares, merchandises, money and property (part of my said personal estate) as my said trustees shall from time to time think necessary, and I direct that one fourth part of the net profits of the said trade and farm or such of them as may it so carried on as aforesaid, shall after deducting lawful interest upon the capital employed therein be paid from time to time to my said son Thomas Staniforth for his management thereof, over and above and exclusive of the wages which my said trustees may agree to pay, and which they are hereby empowered to pay him for his services, so long as the said trade and farm or either of them shall be carried on as aforesaid, and he shall attend to and manage the same to the satisfaction of my said trustees, and when and as soon as my youngest child for the time being shall attain the age of twenty one years or die under that age, then it is my will that my said trade and farm or such of them as may have been so carried on as aforesaid, and all benefit thereof, shall be wholly given up to my sons Thomas Staniforth, John Staniforth and Hugh Staniforth, or to such one or more of them, if any decline as shall be desirous to take to the same, they my said sons or son (as the case may be) giving security to the satisfaction of my said trustees for the amount of the valuation of the stock and effects of my said trade and farm respectively, or as such part thereof (if any) as my said trustees shall in their discretion allow my said sons or son to have and retain by way of loan at interest during the pleasure of my said trustees, which amount shall be taken and considered in satisfaction either wholly or in part (as the case may be) of the shares of positions, share or position, of my said sons or son, taking to the said trade or farm, of and in my property and effects at the ultimate division thereof, thereafter mentioned in case such amount shall not have been previously paid and discharged. Provided that in case my said trade shall be given up and taken to by my said son Thomas Staniforth above, then and in that case, or upon any dissolution of partnership between him and any of my said sons John and Hugh who may with him jointly take to the said trade, I give to my said son Thomas all benefit and right to use the mark “TS” granted to me by the corporation of Cutlers in Hallamshire, but such of my said other sons as may jointly with my said son Thomas take to my said trade shall have the like benefit and use of the said mark during their copartner ship with him and I further direct and declare that upon the attainment by my youngest child for the time being of the age of twenty one years or upon his or her death under that age, my said trustees shall (subject to the provisions hereinbefore contained respecting my said trade and farm) absolutely sell and dispose of all my real and leasehold estates hereinbefore devised and bequeathed to them either by public auction or private contract and either together or in lots and convert into ready money the whole of my personal estate and shall stand ? of the moneys to arise from such sale or sales and conversion and (subject to the proceeding trusts) of all accumulations of profits arising from the carrying on of my trade and farm as aforesaid and of rents arising from my real and leasehold estates and of all other moneys belonging to me and which may come to their hands by virtue of this my will I trust to pay thereafter to my said son Thomas Staniforth the legacy or sum of two hundred pounds which I give to him absolutely in addition to all other benefits which he may take under this my will and subject to such payment I direct and declare that my said trustees shall stand ? of all and singular the same moneys and premises in trust for my children Ann the wife of George Cox, Thomas Staniforth, Mary Staniforth, Alfred Staniforth, Rowland Staniforth, Mark Staniforth, Henry Staniforth, Sarah Staniforth, John Staniforth and Hugh Staniforth in equal shares and propositions (but as to the share of my said son Mark Staniforth upon and subject to the trust hereinafter expressed and contained of and concerning the same provided that if any of my said children shall happen to die under the age of twenty one years without having issue living at his or her decease then in trust as to as well the share originally linked under the proceeding trust as the share or shares eventually linked under the executory trust to any and every child so dying for the others and other of my said children in equal shares and I do hereby direct and declare that with respect to the share original or accued of my said son Mark Staniforth of and in the said trust moneys, my said trustees shall stand ? thereof upon the following trusts that is to say upon trust to invest the same in their names or otherwise in the public funds or on Government securities of the United Kingdom or on real securities/including leasehold or on such other approved security as they shall think fit, with liberty to change the investments at their discretion and to pay the income thereof when received from time to time by equal quantity or half yearly payments as they may think fit, unto my said son Mark Staniforth, but not by way of anticipation during his natural life, and from and after his decease, (This line has been added in, in very small handwriting under the line), then upon trust to pay the such income unto his widow if he have one during her life and widowhood, but not by way of anticipation for the maintenance and support of her infant children of my said son and from and immediately after her decease.(normal text resumes) then as to as well the principal as all future income of the said investments in trust for such child, if only one wholly, or for such of the children, if more than one in equal shares, of my said son Mark who shall attain the age of twenty one years But if there shall be no child of my said son Mark who shall attain the age of twenty one year’s then in trust for the others of my own children in equal shares and proportions provided always and I do hereby declare that in case any share or legacy given to any of my children by this will shall in consequence of his or her dying under the age of twenty one years and having issue descend to or become the property of such issue, it shall be lawful for my said trustees to apply in or towards the maintenance and education or otherwise for the benefit of such issue of any of them, the annual or other income of such legacy or share and accumulate the unapplied surplus of such income by investment in augmentation of the capital whence such an income shall have proceeded. I also give to my said trustees the like powers with respect to the income of the presumptive share or shares respectively of the infant child or children of my said son Mark Staniforth in his portion of the aforesaid trust moneys after his death (small text) and the death of his widow(normal text resumes) in case he leave any child or children him surviving provided further that it shall be lawful for my said trustees to apply in or towards the apprenticing or advancement in life or establishment in business of each or any of my infant sons any part not exceeding one half part of the capital of his share provided further and it is my will and mind and I do direct that it shall be lawful for my said son Thomas Staniforth notwithstanding his being a trustee and executor of this my will to become the purchaser of all or any part of my real or leasehold established by public auction or by private contract in case he may think proper and my said trustees are hereby authorized and empower to sell the whole or any part of such real or leasehold estates to any said son accordingly if my said son shall think proper to purchase the same and upon any such sale or sales as aforesaid being made to my said son I direct that my trustees shall convey or assume the hereditaments and premises so sold unto a trustee for my said son or otherwise as he may direct or ? and that the receipt or receipts of the other trustees shall effectively discharge my said son and the hereditaments sold to him from his purchase money and all liability to see to the application thereof and that all sales and conveyance of such hereditaments and all receipts for the purchase money shall be as valid and effectual in every respect as if the sale and conveyance thereof had been made to any indifferent person.

I devise to any said trustees all estates vested in me upon any trust or by way of mortgage subject nevertheless to the trusts and equities affecting the same respectively I declare that the receipts of my said trustees shall exonerate purchasers and others paying money to them by virtue of this my will from all liability to see to the applications thereof.

I declare that all the previous clauses and provisions so far as they concern my said trustees herein named shall extend and be applied to the trustees and trusts for the time being of this my will.

I declare that if my said trustees herein named or any of them shall die in my lifetime or shall refuse to accept the trusts of my will it shall be lawful for the others or other of them surviving me and accepting such trusts or if none of them shall survive me and accept the same for my children for the time being of the age of twenty one years or the majority of them to appoint within six calendar months after my decease a fit person or persons to supply the vacancy or vacancies occasioned by such death or refusal and I further declare that as often as any trustee or trustees herein named or to be appointed under this power or the proceeding power shall die or decease to be discharged or become incapable to act it shall be lawful for the trustees or trustee for the time being competent to act further decisions of being discharger or not or if there shall be no such trustee then for my children for the time being of the age of twenty one years or the majority of them to appoint a fit person or persons to succeed to the office or offices of the deceased refusing or incapable trustee or trustees and by force of every such appointment as aforesaid all the authorities and decisions given or expressed to be given by me to the deceased refusing incapacitated or discharged trustee or trustees shall be confessed upon the appointed trustee or trustees in whom either alone or (as the case may be) jointly with surviving or con? Trustee or trustees my trust property shall vest or by proper assurances be vested and on every appointment under the first of the proceeding powers the appointed trustee or trustees shall be considered as coming in under my will In the same manner as if he or they had been therein named instead of the deceased or refusing trustee or trustees.

I declare that the trustees or trustee for the time being of this my will shall not be answerable or accountable for any lets? Which may happen to my estate either by season or any part thereof being employed in my trade or being left with or least to my said sons or any of them as hereinbefore mentioned or otherwise ? such lets shall happen by the willful neglect or defect of any of the said trustees or trustee nor shall they be chargeable one for another or for the acts receipt or defaults of each other nor for any more moneys than they shall actually receive by virtue of this my will and that it shall be lawful for them to retain and allow to each other all expenses incurred in the execution of the trusts of this my will.

I appoint my said son Thomas Staniforth and the said Thomas Mountain and John Jubb to be the executors of this my will and guardians of the persons and fortunes of my infant children during their respective minorities and lastly I revoke all former wills by me made whereof I the said Thomas Staniforth the testator have to this my last will and testament contained in this and six preceding sheets of paper set my hand the Eighth day of December in the year of our lord one thousand eight hundred and forty six.

Signed by the said Thomas Staniforth the testator as and for 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 have hereunto subscribed our names as witnesses.

[Probate at at Lichfield 18th November 1847]