This is a Codicil to be added to and deemed part of the last Will and Testament of me John Cundey of Stoney Middleton in the County of Derby Limeburner dated the Ninth Day of March One thousand eight hundred and thirty nine in manner following that is to say: Whereas I have in and by my said Will directed my Trustees to stand Possessed of the Monies to arise from the Benefit of my said Business of a Limeburner - the Sale of my Interest in the Kilns - Lime and Working Tools - and the Debts owing to me in my aforesaid Business
(after payment of my Debts and so forth) upon Trust forthwith to pay retain and divide the aforesaid Monies between my Son and Daughters and my Servants Samuel Mason and Samuel Bennett Now my Will and mind is that the aforesaid Monies shall form part of my residuary personal Estate and my said Trustees and Executors for the Time being shall stand Possessed of the same Monies upon the same Trusts and for the same ends Intents and Purposes as are in and by my said Will expressed declared and contained concerning my said residuary personal Estate. I give and bequeath to the said Samuel Mason and Samuel Bennett
the Sum of Nineteen Pounds and nineteen shillings each in lieu of the Benefits they would otherwise have taken under my Will if this Codicil had not been made - to be paid at my Wife’s decease I also bequeath to my Granddaughter Ann Stringer the Sum of five Pounds, and I also bequeath to my Brother William Cundey the Sum of Ten Pounds to be paid to them respectively at my Wife’s Death
And Whereas I, have in my said Will given and bequeathed certain parts of my Personal Estate to or In Trust for the Benefit of my Daughter Nancy the Wife of Robert Heginbotham and it is my Intention that such gifts and bequests as well as the Benefits she will ultimately take under this Codicil should be for her maintenance support and comfort and not be subject or liable to the Debts controul or Engagements of her present or any her future husband
and that the Receipt and Receipts of my, said Daughter Nancy alone shall be a good and effectual discharge and discharges for all Monies to be paid to her under and by virtue of my said Will and this Codicil thereto - I revoke the Appointment of William
Clayton named in my said Will as one of my Trustees and Executor thereof and the Legacy of Ten Pounds I thereby bequeathed to him and I nominate substitute and appoint my Friend Edmund Cocker of Stoney Middleton aforesaid InnKeeper and Butcher to be a Trustee and Executor in the, place and stead of him the said William Clayton
and I devise and bequeath the same Trust Estate given and devised by my said Will to John Cundey Junior and Robert Heginbotham my two other Trustees and Executors therein named and the said Edmund Cocker jointly their Heirs Executors Administrators and Assigns upon and for such and the same Trusts Intents and purposes and under and subject to such and the same Powers and Provisions as are declared and contained of or concerning the same Trust Estate by my said Will and this Codicil thereto
I bequeath to the said Edmund Cocker the Sum of Ten Pounds for his Trouble in assisting in Executing the Trusts hereby reposed in him And Lastly in all other respects I ratify and confirm my said Will In Witness whereof I have hereunto set my hand this twenty seventh Day of September One thousand eight hundred and forty two.
Signed by the said John Cundey the Testator as and for a Codicil to his last Will and Testament in the presence of, us present at the same time who in his presence at his request and in the presence of each other have hereunto set our Names as Witnesses thereto . . .
Saml. Turner, Clerk to Mr. Gregory
Slr. Eyam
George Kinder Stoney Middleton
