Sarah Cox

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I Sarah COX of Rosliston in the county of Derby heretofore the wife but now the widow of Francis COX late of Lullington in the said county of Derby Farmer deceased by virtue and in pursuance of a power reserved to me before my marriage with him my said late husband Francis COX in and by a certain indenture bearing date on or about the twentieth day of May One thousand seven hundred and eight six and made between myself by my then name and addition of Sarah BENFIELD of Lullington aforesaid relict and administratrix of the Gooods chattels and credits of William BENFIELD late of the same place Gentleman deceased of the one part and William PIM of Edingale in the county of Stafford Gentleman and my brother John STRATTON of Clifton Campville in the said county of Stafford Yeoman of the other part for disposing of the sum of two hundred pounds in the same indenture mentioned and by virtue of every other power and powers in any wise enabling me thereunto do make this my last will and testament in manner following that is to say  -  First I will order and 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 and I direct comit and appoint that the said sum of two hundred pounds now in the hands of the said William PIM and John STRATTON or secured to be paid to them shall be by them the said William PIM and John STRATTON or the survivors of them his executors or administrators paid into the hands of my executor herein after named to be by them applied and disposed of in such manner as herein after by me is directed  And I do declare that the receipt of my said executors or the survivor of them or the executors or administrators of such survivors shall be a good and sufficient discharge to the said William PIM and John STRATTON or the survivors of them his executors or administrators for the said sum of two hundred pounds  And I give and bequeath all my household goods and furniture plat linen china and utensils of Household unto my son William BENFIELD to and for his own use and benefit  Also I direct limit and appoint and give and bequeath the said sum of Two Hundred Pounds and all the residue and remainder of my money securities for money and personal estate and effects whatsoever and wheresoever unto my executors hereinafter named upon trust that they my said executors or the survivor of them on the executors administrators of such survivor shall and do well and truly distribute and divide the whole of the said residue and remainder of my said personal estate and effects ( including the aforesaid sum of Two Hundred Pounds) in manner following that is to say one equal eight part or share thereof ( the whole into eighth equal parts or shares to be divided) to my son William BENFIELD his executors or administrators  One other equal eighth part or share thereof to be retained by them my said executors upon trust that they my said executors or the survivor of them or the executors or administrators of such survivor  shall and do immediately after my decease convert the said last mentioned eighth part or share of the said residue of my said personal estate and effects into money and afterwards put and place such money out to interest upon one or more good and sufficient security or securities and shall and do well and truly pay or cause to be paid the yearly interest and produce arising there from into the proper hands of my daughter Sarah FALLOWS for and during the term of her natural life for her own sole and separate use and my will is that the receipt of my said daughter Sarah FALLOWS alone shall from time to time ( not withstanding her coverture) be a good and sufficient discharge to my said executors for the same  And that her present or any future husband shall not intermeddle therewith nor shall the same be liable to his or their control debts or engagements and from and after the decease of my said daughter Sarah FALLOWS then Upon trust that they my said executors or the survivor of them or the executors or administrators of such survivor shall and do call in the said one eighth part or share of the said residue of my said personal estate and effects so directed to be placed out to interest as aforesaid and pay distribute and divide the same unto and amongst all and every the children of my said daughter Sarah FALLOWS share and share alike  Also I give and bequeath one other equal eighth part or share of the said residue of my said personal estate and effects unto my grand daughter Sarah HOLMES ( wife of John HOLMES of Derby Ironmonger) her executors administrators One other equal eighth part or share thereof unto and amongst  all and every the children of my late son John COX deceased share and share alike   One other eighth part or share thereof to my daughter Esther SPOONER her executors or administrators   One other eighth part or share thereof to my son Francis COX his executors or administrators  One other equal eighth part or share thereof to my son Thomas COX his executors or administrators and the other or remaining equal eighth part or share thereof to retained by my said executors upon trust that they my said executors or the survivor of the or the executors or administrators of such survivor shall and do immediately after my decease convert the said last mentioned eighth part or there of the said residue of my said personal estate and effects into money and afterwards put and place such money out to interest upon one or more good and sufficient security or securities and shall and do pay apply and dispose of the yearly rent and produce arising there from for and towards the clothing maintenance and bringing up of Sarah COX (natural child of my late daughter Elizabeth HOLMES) until she shall attain her age of twenty one years and when and so soon as the said Sarah COX shall attain her age of twenty one years then upon further trust that they my said executors or the survivor of them or the executors or administrators of such survivor shall and do call in the said last mentioned one equal eighth part or share of the said residue of my said personal estate and effects so divided to be placed out to interest as aforesaid and pay the same to the said Sarah COX for her own use and benefit but if the said Sarah COX shall happen to die before attaining the age of twenty one years then upon further trust that they my said executors or the survivor of them or the executors or administrators of such survivor shall and do immediately after the decease of the said Sarah COX under age as aforesaid  pay distribute and divide the said last mentioned equal eighth part or share of the said residue of my said personal estate and effects unto and equally amongst all and every my children which shall be then living and the issue of such of them as shall then dead leaving issue of their bodies lawfully begotten such issue to have and take their own parents share only equally amongst them Provided always and I do declare my will to be that if my son in law William WHITTINGHAM shall at any time during my life pay to me ( or to my executors within one month of my decease) the whole of the principle money and interest owing by him to me then and in such case I direct my said executors to divide the said residue of my said personal estate and effects into nine equal parts or shares ( instead of eight equal parts or shares as hereinbefore directed)and to pay one equal ninth part or share of such residue unto my daughter Mary WHITTINGHAM and to pay and apply the remaining eight equal ninth parts or shares of the said residue of my said personal estate and effects to or in trust for my other residuary legatees in manner by me hereinbefore directed it being my will and intention  that my said daughter Mary WHITTINGHAM shall have an equal share of the said residue of my said personal estate and effects if her said husband shall pay the said debt which he owes me but not otherwise.  And I hereby nominate constitute and appoint my nephew Thomas STRATTON of Sibson in the county of Leicester farmer and Joseph COX of Swepstone in the said county of Leicester Farmer 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 my said trustee’s and executors and the survivors of them his executors and administrators by and out of all or any of the moneys which by virtue of this my will or any trusts herein declared shall come to them or either or any of their hands to deduct retain to and reimburse themselves or himself all such reasonable costs charges and expenses as they respectfully shall or may sustain expend or be put unto in or about te execution of this my will or any trust herein declared And also that they my said trustees and executors and their respective executors and administrators shall be charged and chargeable only each of them for and with 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 his and 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 his or their own respective wilful neglect or default.  In witness whereof I the said Sarah COX the testatrix have to this my last will and testament contained in four sheets of paper set my hand and seal that is to say each of the three first sheets hereof my hand only and to this fourth sheet my hand and seal this fifteenth day of January in the year of our lord One Thousand Eight Hundred and Thirty Four.

Signed sealed published and declared by the said Sarah COX the testatrix as and for her last will and testament in the presence of us who at her request in her presence and in the presence of each other have subscribed our names as witnesses to the same

 

Signed William WARREN and Samuel MOUSLEY

 

Codicil

 

Whereas I Sarah COX of Rosliston in the county of Derby heretofore the wife but now the widow of Francis COX late of Lullington in the said county of Derby Farmer deceased have made and duly executed my last will and testament in writing bearing date the fifteenth of January last now  I do hereby declare this present writing to be a codicil to my said will and direct the same to be annexed thereto and taken as part thereof  And whereas I did in and by my said will give and bequeath one eighth part or share of the residue of my personal estate and effects unto my Grand Daughter Sarah HOLMES wife of John HOLMES of Derby Ironmonger her executors or administrators And whereas I did in and by my said will declare that if my son in Law William WHITTINGHAM should at any time during my life pay to me or to my executors in my said will named within one month of my decease, the whole and the principle money and interest owing by him to me then and in such case I did direct my said executors to divide the said residues of my said personal estate and effects into nine equal parts or shares instead of eight equal parts or shares as therein before directed and to pay the equal ninth part or shares of such residue unto my daughter Mary WHITTINGHAM and to pay and apply the remaining eight equal ninth parts or shares of the said residue of any  said personal estate and effects to or in trust for my other residuary legatees in manner by me herein before directed.  Now I do hereby revoke and make void the said gift and bequest of one equal eighth part or share of the said residue of the said personal estate and effects to my said Grand Daughter Sarah HOLMES as in my said will contained and in lieu thereof. I do hereby give and bequeath to her my said Grand Daughter Sarah HOLMES the sum of Ten pounds only  Also I give and bequeath one equal eighth part or share of the said residue of the said personal estate and effects unto my said executors upon trust that they my said executors or the survivor of them or the executors or administrators of such survivor do and shall put and place the moneys arising from such eighth part or share of the said residue of my said personal estate and effects out to interest upon one or more good and sufficient security or securities and pay the yearly interest and produce arising there from unto my said daughter Mary WHITTINGHAM for her own sole use during the term of her natural life whose receipt alone not withstanding coverture shall be sufficient discharge to my said executors for the same  And I direct that her present or any future husband shall not intermeddle therewith nor shall the same be liable to his or their debts or control  And from and immediately after the decease of my said daughter Mary WHITTINGHAM Upon trust that they my said executors or the survivor of them or the executors or administrators of such survivor shall do and call in the said equal eighth part or share of the said residue of my said personal estate and effects so by this codicil directed and to be placed out to interest as aforesaid and pay dividends and divide the same unto and amongst all and every the children of my said daughter Mary WHITTINGHAM share and share alike it being now my will and intention that my said daughter Mary WHITTINGHAM during her life ______issue after her decease shall have and enjoy the one equal eighth part or share of the said residue of my said personal estate and effects in lieu of my said Grand daughter Sarah  HOLMES whether my said son in law William WHITTINGHAM shall pay the principle money and interest owing by him to me or not and in all other respects I do hereby ratify and confirm my said will in witness whereof I the said Sarah COX  have to this codicil contained in two sheets of paper set my hand and seal that is to say to the first sheet hereof my hand and to this second and last sheet my hand and seal this first day of March in the year of our lord One Thousand Eight Hundred and Thirty Four

Signed sealed published and declared by the said Sarah COX as and for a codicil to her last will and testament to be annexed thereto and taken as part thereof in the presence of us 

 

William WARREN   and   Thomas LOWE

 

 

At Lichfield 2nd December 1836 let probate of this will and codicil amend be granted to Thomas STRATTON one of the executors therein named reserving a power for Joseph COX the other Executor named to prove in like manner.  The said Thomas STRATTON having been duly sworn as also the personal estate of the is not of the value of £600

 

Testatrix died 26th June last

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