Francis Cox

 

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In The Name of God Amen.  I Francis Cox of Lullington in the county of Derby Farmer being of sound and disposing mind memory and understanding do make publish and ordain this my last will and testament in manner following that is to say  First I will order an direct that all my just debts funeral expenses and the costs and charges of proving this my will shall be fully paid and satisfied by and out of my personal estate and if the same shall not be sufficient for the purpose for the purpose then I subject and charge my real estate with the payment of the remainder Thereof.  And Whereas my dear wife Sarah COX is entitled to an annuity of thirty pounds a year for her life out of the property of her late husband William BENFIELD deceased and for the better securing of the payment thereof to me three several sums of two hundred and twenty pounds each were some time ago lodged in my hands for which I gave bonds to the son and two daughters of my said wife by the said late husband payable at her decease.  Now thereof in addition to the said annuity or yearly sum of Thirty Pounds given to my said wife for her life as aforesaid I do hereby also give devise and bequeath to her my said wife Sarah COX  or her assigns for her life one annuity or clear yearly sum of Twenty pounds of lawful money of Great Britain free from all taxes and deductions whatsoever to be yearly issuing and payable from and out of all and every my messuages buildings closes pieces and parcels of land hereitaments and real estate situate and being in Rosleston in the said county of Derby and now in the several possessions of my brothers John COX and Thomas COX.  The said annuity of twenty pounds to commence from the day of my death and to be paid to my said wife Sarah COX or her assigns by two half yearly payments in every year and during her life in equal portions and the first payment thereof to be made at the end of six calendar months next after my decease. And I do will and order that if the said annuity or yearly sum of twenty pounds hereinbefore by me given to my said wife Sarah COX or any part thereof shall be behind and unpaid for the space of twenty days next after any of the days or times on which the same ought to be paid as aforesaid then and so often as the same shall so happen it shall and may be lawful to and for my said wife Sarah COX or her assigns into and upon all and every the said messuages buildings closes pieces and parcels of land hereditaments and real estate or into any part thereof to enter and distrain and the distress and distresses for rent between Landlord and tenant may be taken treated managed sold and disposed of until thereby or therewith the said Sarah COX her assigns shall be fully paid and satisfied in the said annuity or yearly sum of twenty pounds and all arrears thereof and all costs and expenses occasioned by  the non-payment thereof on the days in that behalf before mentioned or to enter into and upon my said real estate and receive and take the rents and profits thereof until thereby or therewith the said annuity and all arrears thereof and all costs attending the repayment thereof shall be fully paid and satisfied.  And I do hereby direct and declare that the said annuity of twenty pounds so hereby by me given devised and bequeathed to my said wife Sarah COX or her assigns for her life is so given devised and bequeathed to her in full recompence satisfaction and bar of all dower and title of dower and thirds at common law which my said wife can or may claim or be entitled to of in to or out of any manors messuages lands tenements hereditaments or premises whereof or wherein I now am or at the time of my decease shall be levied of any estate of inheritance.  Also I give and bequeath to my said wife such part of my household goods as sheshall choose not exceeding the value of thirty pounds.  And I do hereby further direct that my said wife Sarah COX shall within the space of six calendar months after my decease execute such release of all dower and title of dower and thirds which she can or may be entitled to of in to or out of my said manors messuages lands tenements hereditaments and premises as my son John COX his heirs or assigns or his or their counsel shall advise or require And in case my said wife shall refuse to execute such release within the time aforesaid then it is my will and I do hereby direct that all an every the devises and gifts and bequests to and for her use for her benefit in and by this my will shall cease and be absolutely null and void to all intents and purposes whatsoever.  Also I give and bequeath the sum of two thousand pounds of lawful money of Great Britain unto my children Esther COX Frances COX THOMAS COX  Mary COX and Elizabeth COX and all other my children which may be hereafter born equally to be divided amongst them share and share alike and to be paid to him her or them at their respective ages of twenty one years or so much and such part thereof to be sooner paid and applied for his her or their preferment in the world as after mentioned with interest for the same from my death until payment respectively at and after the rate of five pounds for an hundred pounds for a year and with the payment thereof I subject and charge all my real and personal estates and in case any of my said children shall die without leaving issue before he she or they shall attain his her or their respective ages of twenty one years the the share or shares of him her or them so dying or so much thereof as shall not have been paid and applied for his her or their preferment as after mentioned shall from time to time         go accrue and belong to the survivors and survivor of my said children and to be paid if more  than one equally between them at such times and in the same manner to such surviving children then living as is hereinbefore mentioned touching his her and their original share or shares and in case of the death of any other or others of my said children before he she or they shall attain his her or their age or ages of twenty one years without leaving issue then all and every the accruing or surviving share and shares of such child and children so dying shall again from time to time accrue and go together with  his her or their original share or shares  to then survivors or survivor of my said children and shal be payable and and when his her or their original share or shares shall by virtue of this my will become payable.  And in case all my children hall die before he she or they shall attain his her or their age or ages of twenty one years without leaving issue Then I give an bequeath the said sum of two thousand pounds or so much thereof as shall not have been paid and applied for  the preferment of my said children or any of them as after mentioned unto my said son John or his heirs executors administrators or assigns.  And I do hereby will and appoint that my said wife Sarah COX and said son John COX and my friend Francis HAMP of Catton in the said county of Derby Gentleman and the survivors and survivor of them and the executors or administrators of such survivor shall have the custody tuition guardianship and education of all my said younger children and of their respective fortunes or legacies aforesaid and of all interest and advantage that shall be made by or by reason thereof until my said younger shall attain their respective ages of twenty one years.  And my mind and will is and I do hereby declare and direct that it shall and may be lawful to and for my said wife my said son John COX and the said Francis HAMP and the survivors and survivor of them and the executors administrators and assigns of such survivor to pay and dispose of any part or parts of the said share or shares of my said child or children of and in the said legacy of two thousand pounds not exceeding the sum of fifty pounds for any one child in for or towards the preferment or benefit of my said child or children respectively in the world in putting or placing him her or them apprentice in or to any trade or business as to them shall seem meet.  And my will and meaning is that my said wife Sarah COX and my said son John COX and the said Frances HAMP and the survivors and survivor of them or the executors or administrators of such survivor do and shall in the mean time and until the share or shares of my said children pf and in the said legacy of two thousand pounds hereinbefore by me given to them shall become payable to him her or them respectively by virtue of this my will pay and apply the annual interest and produce of their said respective shares of and in the said legacy or sum of two thousand pounds ( or so much thereof as shall not have been applied for his her or their preferment as before mentioned) or any part thereof for and towards the maintenance cloathing and education of such children respectively in such manner as they shall think fit.   And subject to and charged and chargeable with the payment of such annuity of twenty pounds hereinbefore by me given to my said wife and to the several powers and remedies for securing and receiving the same. And also subject to and charged and chargeable with the payment of my just debts funeral expenses and the costs charges of proving this my will and legacy of two thousand pounds so by me given to my said children as aforesaid.  I give devise and bequeath all that my share of the manor of Roseston aforesaid and all all my messuages buildings closes lands tenements and hereditaments situate in Rosleston aforesaid and also all other my real estate whatsoever wheresoever and also al my household goods and furniture plate linen and china stock and implements in husbandry money securities for money and all othermy goods chattels and personal estate and effects whatsoever and wheresoever (except as aforesaid) unto and to the use of my said son John COX his heirs executors administrators and assigns for ever.  And I hereby nominate constitue and appoint my said wife Sarah COX my said son John COX and the said Francis HAMP executrix and executors of this my last will and testament.  And my mind and will is and I do hereby direct and declare that it shall and may be lawful to and for my said Executrix and executors and the survivors and survivor of them his her and their executors or administrators to reimburse and satisfy themselves respectively by with and out of the monies which by virtue of this y will shall come to their or any of their hands all such costs damages and expenses as they or any of them shall or may pay bear sustain expend or be put into for or by reason or means of this my will or in any wise relating thereto.  And that they or any of hem shall not be answerable or accountable for any more monies that shall actually come to his her or their hands respectively nor for involuntary losses which may happen to the said trust monies or any part thereof by bad o insufficient securities whereon the same shall be placed out to interest nor the one for the other or others of them but only each of them for and with his her and their own respective receipts payments acts and wilful defaults and not otherwise. And lastly I hereby revoke and make void all former and other will and wills by me at any time heretofore made and do declare this only to be my last will and testament in witness whereof I the said Francis COX the testator have to this my last will and testament contained in four sheets of paper set my said hand and seal that is to say to each of three preceding sheets hereof my hand only and to this fourth and last sheet my hand and seal this twenty eighth day of May in the year of our Lord One thousand Eight hundred and seven.  Francis Cox

 

Signed sealed published and declared of the said Francis COX the testator and and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses to the same.  Signed Wm OSBORNE, Edward WRIGHT and Thos LOWE

 


 

First Codicil

 

Whereas I Francis COX of Lullington in the county of Derby farmerhave made and duly executed my last will and testament in writing bearing date twenty eighth day of may One thousand Eight hundred and seven Now I do heebt declare the present writing to be a codicil to my said will and I do direct the same to be annexed thereto and to be taken as part thereof.  And whereas I did and by my said will give and bequeath the sum of Two Thousand pounds of lawful money of Great Britain unto my children Esther COX Francis COX Thomas COX Mary Cox and Elizabeth COX for and all other my children which might be hereafter bornequally to be divided amongst them share and share alike and to paid and applied at the times and in manner and subject as therein mentioned.  Now therefore I do hereby give and bequeath to my said children Esther COX Francis COX Thomas COX Mary Cox and Elizabeth COX and all other my children which may be hereafter born the further sum of five thousand pounds of like lawful money of Great Britain in addition to the said sum of two thousand pounds to be paid and applied to and for their use and benefit in the same manner at the same time and to and for the  same interests and purposes as the said sum of Two thousand pounds is in and by my said will in all other particulars thereof.  In witness whereof I the said Francis COX have to this codicil set my hand and seal this twenty third day of January  in the year of our Lord One Thousand eight hundred and Ten.

 

Signed sealed published and declared by the said testator Francis COX as and for a codicil to be annexed to his last will and testament and to be taken as part thereof in presence of us.  Signed Wm OSBORNE  Samuel S FALLONS Jas BOND junr


 

Codicil 2

 

Whereas I Francis COX of Lullington in the county of Derby Farmer have made and duly executed my last will and testament in writing bearing date twenty eighth day of May One thousand Eight  Hundred  of and Seven and whereas said in and by my said will give and bequeath the sum of Two Thousand Pounds of lawful money of Great Britain unto my children Esther COX Francis COX Thomas COX Mary COX and Elizabeth COX and all other my children which might be hereafter born equally to be divided amongst them share and share alike and to be paid and applied at the times and in manner and subject as therein mentioned and whereas I did also in and by my said will give devise and bequeath all that my share o the manor or Rosleston and all my messuages buildings closes tenements and hereditaments situate in Rosleston aforesaid and also all other my real estate whatsoever and wheresoever and also all my household goods and furniture plate linen and china stock and implements in husbandry money securities for money and all other my goods chattels and personal estate and effects whatsoever I except as in my said will is mentioned unto and to the use of my said son John COX his heirs executors administrators and assigns for ever and whereas I did in and by a codicil to my said will bearing date the twenty third day of January now last past give and bequeath to my said children Esther COX Francis COX Thomas COX Mary Cox and Elizabeth COX and all other my children which might be hereafter born the sum of Five Thousand pounds of lawful money of Great Britain in addition to the sum of Two Thousand pounds to be paid and applied to and for their use and benefit in the same manner and at the same time and to and for the same intents and purposes as the said sum of Two thousand pounds was in and by my said will and do direct the present writing to be a further codicil to my said will and do direct the same to be annexed thereto and to be taken as part thereof.  And in order that my wife Sarah COX may be the better enabled to support any younger children I do hereby expressly direct that she my said wife shall live and reside with my said son John COX and shall have the joint management of my farm at Lullington aforesaid and be entitled to one half part of the profits to arise therefrom and also from all my other lands tenements and hereditaments situate at Rosleston aforesaid along with him my said son John COX until he shall attain the age of twenty five years for the better maintenance education and support of all my said younger children as aforesaid in case my present landlord shall accept them my said wife and son John COXas tenants of the said farm but if my said wife and son John COX shall not be accepted tenants of my said farm at Lullington then I do direct that my said wife shall have the joint management of my said lands tenements and hereditaments at Rosleston aforesaid and be entitled to one half part of the profits to arise therefron along with him my said son John COX until he shall attain the age of twenty five years for the maintenance education and support of my said younger children as aforesaid.  And I do hereby ratify and confirm my said will and codicil in all other the particulars thereof in witness whereof I the said Francis COX have to this codicil set my hand an seal this twenty third day of November in the year of our lord One Thousand Eight hundred and Ten.

 

Published and declared by the said Francis COX as and for for a codicil to be annexed to his last will and testament and to be taken as part thereof in the presence of us.

Signed John COX Rosliston Thomas ORTON Clifton Thos LOWE  Clrk to Mr OSBORNS atty Burton

 

Lichfield 10th Jan 1811

Let a probat ve made to Sarah COX widow and John COX the executrix and one of the executors Reserving a power for Thomas HAMP the other executor to prove in like manner.

The said Sarah COX and John COX were duly sworn and also that the personal estate will not amount in value to 2000 before me. Cha BUCKERIDGE Surr

 

Died 4th January 1811

 

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