John Leedham- son of Thomas the Elder

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This is the last Will and Testament

of me John Leedham of Longfurlong in the Parish of Rosliston in the County of Derby Farmer whereby in the first place I revoke and make void all former Wills Codicils and Testamentary dispositions by me made And I direct that all my just Debts and Funeral and Testamentary Expenses shall be fully paid and satisfied as soon as conveniently may be after my decease I Give and Devise All my Messuages  Lands Tenements Hereditaments and real Estate situate and being at Rosliston aforesaid and elsewhere Unto and to the Use of my dear Wife Mary Leedham my son Francis Leedham and my Son in Law Joseph Moss of Rosliston # # in the said County of Derby Farmer and Maltster their heirs and assigns for ever Upon Trust that they my said Trustees or the survivors or survivor of them or the heirs or assigns of such survivor do and shall as soon as conveniently may …….

 

……be after my decease make sale and dispose of all and singular my said real Estates either together or in Lots and by public Auction or private Contract as to them her or him shall seem meet and Convey and assure the same unto the purchaser or purchasers thereof And after the payment thereout of the principal Money and Interest due and owing on Mortgage of my said real Estates and also all Expenses incident to or attending such Sale or Sales Upon further Trust that my said Trustees or the survivors or survivor of them or the heirs executors or administrators of such survivor do and shall pay distribute and divide the residue of the Monies arising from the Sale of my said real Estates as aforesaid unto and amongst my Children the said Francis Leedham Samuel Leedham George Leedham Mary Moss and Sarah Leedham share and share alike and their respective executors and administrators And for facilitating such Sale or Sales of my said real Estates as aforesaid my Will is and I do hereby declare that the receipt or receipts of my said Trustees or the survivors or survivor of them or the heirs or executors administrators or assigns of such survivor shall from time to time be a good and sufficient discharge or good and sufficient discharges to the purchaser or purchasers of all or any part of my said real Estates and his her or their respective heirs executors and administrators for so much of such purchase Money as shall therein be acknowledged or expressed to be received And that such purchasers or purchaser his her or their heirs executors or administrators or any of them shall not afterwards be in any manner concerned to see the application of the same or part thereof or be answerable or accountable for any loss misapplication of such purchase money so received or any part thereof  Also I Give and Bequeath all my plate and china unto my said dear Wife Mary Leedham for her own use during her Life and to be at her absolute disposal amongst all or such of my children and in such manner as she shall think proper  Also I Give and Bequeath All my household Goods and Furniture Linen and Utensils of household Stock of Cattle Cows Horses Sheep Pigs cheese corn hay and implements in husbandry And also all my ready money securities for money and all other my Goods Chattels and personal Estate and Effects whatsoever and wheresoever not hereinbefore disposed of Unto my said Wife Mary Leedham my said Son Francis Leedham and my said Son in Law Joseph Moss their executors and administrators In Trust nevertheless to permit and suffer and sufficiently authorise and empower my said Wife Mary Leedham to have hold use and enjoy and receive and take the Interest Dividends profits and produce of the said residue of my personal Estate and Effects to and for her own Use and benefit for and during the term of her natural life And from and immediately after the decease of my said Wife then Upon further Trust that they my said Trustees or Trustee for the time being do and shall make sale and dispose of such part of my said personal Estate and Effects so bequeathed to them in Trust as aforesaid as shall not consist of monies debts or securities for Money either by public Auction or private Contract as to them her or him shall seem proper And shall and do call receive collect and get in all such part and parts of my said Trust personal Estate as shall consist of Money Debts or Securities for Money And the upon further Trust that they my Trustees or Trustee for the time being shall and do in the first place pay my Grandsons John Leedham and Thomas Leedham ( the children of my late son William Leedham deceased ) the sum of Fifteen Pounds apiece when and as they shall respectively attain the Age of Twenty one Years and to my son Thomas Leedham the sum on Nineteen Guineas sterling And then Upon this further Trust that they my said Trustees or Trustee for the time being do and shall well and truly pay distribute and divide the residue of the monies arising from my said Trust personal Estate and Effects unto and amongst my said Children Francis Leedham Samuel Leedham George Leedham Mary Moss and Sarah Leedham share and share alike And I do declare my Will to be that if any of them my said Children shall happen to die before his or her or their share or shares of the said Trust Monies so arising from my Personal Estate and Effects as aforesaid shall become due  and payable leaving Issue of his her or their Body or Bodies lawfully begotten then and in such case I do will and direct that the share or shares of him her or them so dying and leaving Issue as aforesaid shall go and be paid to and amongst such Issue share and share alike But if any of my said Children shall happen to die before his her or their share or shares of the said Trust Monies so arising from my said Personal Estate and Effects as aforesaid shall become due and payable under this my Will and without leaving any Issue of his her or their Body or Bodies lawfully begotten then and in such case I do will and direct that the share or shares of him her or them so dying without Issue as aforesaid shall go and be paid to and amongst the survivors or survivor of them my said Children share and share alike at such time or times as his her or their original share or shares of the Monies arising from my said Trust Personal Estate shall become due and payable and this my Will Provided always nevertheless and I do hereby declare my Will to be that if it shall so happen that my said dear Wife and Children Francis Leedham Samuel Leedham George Leedham and Sarah Leedham shall at any time hereafter during the life of my said Wife be turned out of the Possession of the Farm now occupied by me under Mr John Hamp of Catton Farm then and in such case and in lieu of such bequest of the use enjoyment and profits arising from the said residue of my personal Estate and Effects for her benefit during her life as aforesaid I do hereby dispose of the said residue of my personal Estate and Effects in manner following that is to say I Give and Bequeath to her my said Wife for her own use and benefit such part of my said Household Goods and Furniture as shall be sufficient to furnish two rooms and I also direct my said Trustees or Trustee for the time being to sell and dispose of collect get in and receive the residue of my said personal Estate and Effects and to …. …. and invest such part thereof as shall be sufficient to raise an annual Income of Twenty Pounds in their her or his names or name in the purchase of a competent share or shares in the Parliamentary stocks or public funds of this Kingdom or at Interest on Government or real securities in England and Wales And do and from time to time alter vary and transfer the same for or unto other stocks funds or securities of a like nature when and so often as they he or she shall think fit And I do declare that every such calling in sale variation or transfer shall be made at the discretion and of the proper authority of my said Trustees or Trustee for the time being And my Will is that my said Trustees or Trustee for the time being shall pay the said Annual sum of Twenty pounds to my said Wife Mary Leedham during the remainder of her natural Life by two equal half Yearly payments in every Year and the first payment thereof to begin and be made at the end of six Calendar Months next after my said Wife and Children shall be turned out of the possession of my said Farm and from and immediately after the decease of my said Wife Upon further Trust that they my said Trustees or Trustee for the time being do and shall pay assign transfer distribute divide and make over the said last mentioned Trust Monies Stocks Funds and securities and the Interest dividends and annual produce thereof after payment of the said legacies of Fifteen apiece to my said Grandsons and the said legacy of Twenty Pounds to my said son Thomas Leedham unto and amongst my said Children Francis Leedham Samuel Leedham George Leedham Mary Moss and Sarah Leedham share and share alike such shares to be vested Interests in them my said Children respectively immediately upon my decease notwithstanding the postponement of payment thereof until after the death of my said Wife And as to the residue of the monies arising from my said personal Estate and Effects which shall remain after investing a sufficient part of the of the produce of such personal Estate to answer the said Annuity of Twenty Pounds to my said Wife for her life as before directed Upon further Trust that they my Trustees or Trustee for the time being do and shall pay distribute and divide the same unto and amongst my said Children Francis Leedham Samuel Leedham George Leedham Mary Moss and Sarah Leedham share and share alike such last mentioned shares to be also vested Interests in them my said Children respectively immediately upon my decease notwithstanding the postponement of payment thereof until my said Wife and Children shall be turned out of the possession of my said Farm – I hereby nominate and appoint my Wife Mary Leedham my Son Francis Leedham and the said Joseph Moss Executrix and Executors of this my last Will and Testament And I do declare my Will to be that it shall and may be lawful to and for the Trustees and Executrix and Executors and the survivors or survivor of them her and his heirs executors and administrators by and out of all or any of the Monies which by virtue of this my Will or any Trust herein declared shall come to their or any of their hands to deduct retain to and reimburse themselves herself and himself all such reasonable costs charges and expences as they respectively shall or may sustain expend or be put unto in or about the execution of this my Will or any Trust herein declared And also that they my said Trustees and Executrix and Executors and their respective heirs executors and administrators shall be Charged and Chargeable only each of them for and with her his and their own respective receipts payments acts and wilful defaults and not otherwise And that they shall not be charged or chargeable with or for any sum or sums of Money other than such as shall actually and respectively come to her his or their own hands by virtue of this my Will Nor with or for any decrease in value of any security or securities or any other loss or damages which may happen in or about the execution of all or any of the Trusts matters or things hereby in them reposed without her his or their own respective wilful neglects or defaults

In Witness whereof I the said John Leedham  the Testator have to this my last Will and Testament contained in six sheets of paper set my hand and seal that is to say to each of the first five sheets hereof my hand only and to this sixth and last sheet my hand and seal this Thirtieth   day of June  in the Year of our Lord One thousand eight hundred and thirty six.

 

Signed Sealed Published and declared

by the said John Leedham the Testator as and

for his last Will an Testament in the presence

of us who at his request in his presence and in                    John Leedham        O ( seal )  

the presence of each other have subscribed our                                                     

Names as Witnesses to the same . //. The Words

“after the payment of the said two Legacies of

Fifteen pounds apiece to my said Grandsons “

being first interlined in the fifth sheet and other

interlineations being first made.

 

                     Ann Lowe

                    Thos. Lowe

                    Willm. Lowe 

Transcriber’s Note

This document copied from the original hand written will which consisted of six sheets the fist five of which were each signed in the margin by the above three witnesses. 

Transcribed by Gearldine Bancroft

 

In the Bishops Court of Lichfield

 

In the Goods of John Leedham Deceased.

Appeared Personally Joseph Moss of Rosliston in the County of Derby Farmer and

William Leedham of the same place Farmer Two of the--------------------------------------

Executors named in the last Will and Testament of the said John Leedham late of

Longfurlong in the parish of Rosliston in the County of Derby Farmer Deceased; and made Oath, that the Estate and Effects of the Deceased , for, or in respect of which, a Probate of the said Will and Codicil is to be granted, exclusive of what the said Deceased may have been possessed of , or entitled to, as a Trustee for any other person or persons, and not beneficially, but including the Leasehold Estate or Estates for Years of the Deceased, if any, whether absolute or determinable on Lives , and without deducting any thing on account of the Debts, due and owing from the said Deceased are under the value of Six Hundred Pounds, to the best of these Deponents knowledge , information and belief. 

 

Sworn on the 27th        )

                                     )   Joseph Moss

Day of August 1841    )

                                     )   Wm. Leedham

Before me,                   ) 

Joseph Taylor 

    Surrogate

 

Anyone with an interest in the LEEDHAM name can contact myself   and I will forward onto the Leedham group

Emailing Tricia

 

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