Transcribed from a print from a microfilm received from the Derbyshire Record Office by Kevin Murphy 24 April 2003
This is the last Will and Testament of one Samuel Leedham of Coton in the Elms in the County of Derby Gentleman. I bequeath all those any shares in the Burton, Uttoxeter and Ashbourne Union Banking Company to my friends John Whittingham of Coton in the Elms aforesaid Farmer and William Smith of the same place, Farmer. Their executors administrators and assigns. Upon trust to sell and convert the same into money and to stand possessed of the monies to arise from such sale and conversion as to half part thereof. Upon trust to pay the same to Jane Whittingham, the wife of the said John Whittingham for her separate use independently of her present and any future husband, and her receipts alone shall be a discharge of the said Trustees. And so to the other remaining one half part of the said monies. Upon trust to invest the same in or upon the public funds or securities of the United Kingdom, or real securities in England or Wales or upon Railway Debentures and improve the same as an accumulating fund varying the interests from time to time as often as may be thought proper for any other of the kinds aforesaid for the benefit of Mary Jane Smith Daughter of the said William Smith and the same fund shall in the event of her attainment of the age of twenty one years be her absolute property independent of any husband she may marry but in the event of her death under that age the same fund shall be the absolute property of her mother Mary Smith in case she shall then be living but in the event of her being then dead, the same fund shall be the absolute property of George Davis Smith son of the said William Smith. As to the residue of the personal estate whatsoever which may belong to me at my decease after payment of my funeral and Testamentary expenses and debts I bequeath the same to and equally between my Sisters Sarah Newbold, and Mary Moss the same respective shares to be enjoyed and disposed of by them as separate property free from marital control and their respective receipts top be sufficient discharges. In the event of either of their deaths in my lifetime leaving child or children living at my decease, the share which would have belonged to the Sister of mine so dying shall be held in trust by my said trustees for the child or children as the case may be of the Sister of mine so dying who either before or after such decease shall attain the age of twenty one years or marry and if more that one in equal shares with power to apply the whole of the annual income of the share of each child while such share shall be contingent for his or her maintenance and education. And with such powers of investment as are hereinbefore, continued as regards the one half share of the monies to arise from the sale and conversion of the before mentioned Bank shares. Nevertheless I empower my said Trustees to permit any portion of my personal estate invested at my decease in or upon any shares stock funds or securities whatsoever yielding instead to continue in the same state of investment so long as they shall think fit. And I declare that the receipts of my said trustees for such monies as shall be paid to them by virtue of my Will shall effectually discharge the persons saying the same from all liability to see to the application thereof. I declare that my said trustees shall be answerable for their own acts receipts and defaults only and shall be at liberty to retain and allow to each other out of monies coming to their hands by virtue of my will all expenses incurred in executing the trusts thereof. And I appoint the said John Whittingham and William Smith to be Executors of my Will And I revoke all other Wills. In witness whereof I have hereunto set my hand this eleventh day of October one thousand eight hundred and seventy three _______Samuel Leedham_____Signed and acknowledged by the said Samuel Leedham as and for the last will and testament of him 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 in Witness_________ James Bundekin Vicar of Coton in the Elms _________Thomas Berridge Coton in the Elms_____________
Proved at Derby the 17th day of November 1873 by the oaths of John Whittingham and William Smith the Executors to whom Administration was granted.
The testator Samuel Leedham was late of Coton in the Elms in the County of Derby Gentleman and died on the 12th day of October 1873 at Coton in the Elms aforesaid.
Effects under £800
Extracted by S & H J Drewy, Solicitors, Burton upon Trent
Anyone with an interest in the LEEDHAM name can contact myself
and I will forward onto the Leedham groupEmailing Tricia
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