This is the last will and testament of me William Smith of Crich in the County of Derby yeoman,made published and declared,the day and year hereinafter written in the first place I will and direct that all my just debts, funeral and testamentary expenses be fully paid and discharged, from and out of my real and personall estates: the dwelling house and garden at Crich aforesaid, and the allotment adjoining the said dwelling house on the north now in my own occupation, with all my household furniture, plate, linen and china and also the Townend Croft, or Close in my own occupation at Crich aforesaid I give to my present wife Grace Smith for and during the term of her natural life, and if in case my son Samuel Smith should die before his present wife leaving no child or children lawfully begotten,then and in such case I give the said house and garden only(at the death of my said wife) to Mary now the wife of my said son Samuel for and during the time of her widowhood all that messuage or dwelling house now in the occupation of my said son Samuel Smith, with the said house and garden and the said allottment adjoining the same on the north now in my own occupation (subject respectively to the life estates as aforesaid) with the small houses, malthouse and outbuildings farm and lands adjoining at Crich aforesaid now respectively in my own occupation, in the occupation of my said son Samuel Smith, Joseph Langton,and John Sheldon together with all other lands and premises wheresoever the same may be situate being the estate of my late father William Smith or purchased by me, I give and devise(save and except the tithes of hay and corn arising from such ?????????? and also save and accept the same townend croft or close and my shares of ??????????? lands and wood, the gorsey close, the paddocks and also save and except the four small houses and gardens in the respective occupations of William Walker, widow bond, George Stocks and Rhodes Marriott, unto my said son Samuel Smith and the heirs of his body, he are they paying thereout to my said wife Grace Smith the sum of thirty pounds a year and every year for and during the term of her natural life to be paid to her half yearly and to be computed from the time of my death,and it is my will that what estate I hereby give to my said wife shall be considered as and for and in view of all her dower or thirds in or out of any part of my estates at common law or otherwise howsoever, but if in case my said son Samuel Smith should happen to die leaving no lawful child or children by him begotten then in such case, I give and devise such part of my real estate so given and devised to my said son Samuel Smith as aforesaid unto my son George Smith (now in America) and the heirs of his body he or they paying out on his first child attaining the age of two years, the sum of one hundred pounds,to each of my children or their legal representatives respectively and the same also subject to the annuity of my said wife as aforesaid.but in case my said son George Smith should happen to die leaving no lawful child or children then and in such case I give and devise such part of my real estate so given and bequeathed to my said sons Samuel and George aforesaid unto my son Ralph Wheeldon Smith and the heirs of his body he or they paying immediately thereout the sum of one hundred to each of my said children or their legal representatives respectively, the same being also subject to the annuity to be paid to my said wife aforesaid.and it is my will that my said son samuel smith shall have the said tithes or tenths on his share on paying the cost price for the same all my real and copyhold estates or parts or shares of my late father in law Allens Estate (which copyhold estate I have surrendered to the use of this my will with all the rest, residue,and remainder of my real copyhold and personal estates of what nature or kind soever and wheresoever found at the time of my death (not herein before disposed of) whether in possession. reversion, or expectancy or otherwise, with their of their rights, members and appurtenances, I give devise and bequeath unto my brother George Smith of Crich aforesaid farmer, John Topham of Pentrich in the county aforesaid farmer,and John Bainbrigge of Biggin in the parish of Wirksworth in the said county farmer, their heirs executors administrators and assigns. in trust nevertheless with full power and absolute authority to let set sell exchange or mortgage the same without the concurence, signatures, or approbation of my heir at law or any of my children or any other person or persons, and in case of sale to sign receipts for the purchase money and execute conveyances, which receipt or receipts shall be a good and sufficient discharge and discharges to any purchaser or purchasers his, her and their respective heirs, executors, administrators and assigns for so much of the said purchase money as shall be therein expressed or acknowledged to be received and such purchaser or purchasers his her and their respective heirs executors, administrators and assigns shall not afterwards be obliged to see to the application of such purchase money, or be answerable or accountable for any loss, missapplication or none application thereof respectively, and my will and mind is and I do hereby direct that my said brother, George Smith, John Topham, and John Bainbrigge and the survivor of them and the heirs executors, administrators and assigns of such survivor shall stand possessed of and interested in the monies to arise by such sale or sales, for the purpose of paying my just debts as aforesaid (should my personal estate not be sufficient) and afterwards for dividing the same equally amongst my seven children, George Smith (who is now in America) Ralph Wheeldon Smith, Thomas Smith (who is now in America) Joshua Smith, Charles Smith, John Smith (who is now in America) and William Henry Smith, or their legal representatives respectively (except that my said sons George and Thomas (they having been already by me provided for) shall receive each the sum of three hundred pounds less than the remaining five of my seven children last mentioned) the children of a deceased father to take fathers share equally.but in case of any of my seven sons last mentioned should depart this life before they attain the full age of twenty one years leaving no lawful issue, then and in such a case it is my will that the share or shares of such of them so dying shall be equally divided amongst the survivors of all my said children and their legal representatives respectively and it is my will that they my said trustees shall pay themselves in a reasonable manner for all the loss of time, trouble and expence they may be put unto in the execution of trusts hereby in them reposed and that they shall be answerable or accountable for more money than they shall respectively receive nor shall any of them be accountable for the receipts of the other of them but each for his own acts, receipts and wilful defaults only nor shall any of them be accountable for any involuntary loss of money but shall be acquitted and save harmless in respect of all such acts matters and things as shall be done by them respectively in pursuance hereof and lastly I do nominate constitute and appoint my said wife grace Smith, my said brother George Smith, John Topham, and John Bainbrigge aforesaid executrix and executors of this my last will and testament hereby revoking and making void all or any other will or wills by me at any time heretofore made declaring this only to be my last will and testament. in witness whereof I have hereunto set and put my hand and seal this twentieth day on January in the year of our Lord one thousand eight hundred and twenty two.
signe sealed published and declared by the said William Smith the testator as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto. John Taylor, George Elliott, George Stocks, Samuel Stocks.
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