This is the last Will and Testament of me John Cundey of Stoney Middleton in the County of Derby Limeburner which I make Publish and declare the Ninth Day of March in the year of our Lord One thousand eight hundred and thirty nine in manner following that is to say: First I nominate and appoint my Son John Cundey, Junior my Son in Law, Robert Heginbotham and my Friend William Clayton of Stoney Middleton aforesaid Innkeeper Trustees and Executors of this my Will
I direct my said Trustees to carry on the Business of a Limeburner in which I am now engaged until the last Day of December following my decease with my Capital Then to discontinue the same and sell all my Working Tools used at the Kilns and my Interest in the Kilns and the Business thereof together with the Lime and to collect and get in and receive all my Book Debts in my aforesaid Business and stand Possessed of, as well the Money to arise from the Benefit of my said Business from my Death,
up to the time of discontinuing the same as the Money to arise by the aforesaid Sales and to be collected got in and received as aforesaid Upon Trust to pay therewith and thereout all my just Debts Funeral and Testamentary Expences and then Upon Trust forthwith to pay retain and divide the Residue of the aforesaid Monies between my Son the said John Cundey, Junior, my Daughters Sarah Cundey Spinster, Jane the Wife of Joseph Hurst, Elizabeth the Wife of John Stringer, Hannah the Wife of William Wild
and, Nancy the Wife of the said Robert Heginbotham and my Servants Samuel Mason and Samuel Bennett equally to be divided between them my said Children and Servants Share and Share alike I give and bequeath unto each of my said Executors the Sum of Ten Pounds apiece as a small compensation for their Trouble in executing the Trusts hereby reposed in them I give and devise to my Son the said John Cundey, Junior, and his Heirs All that Messuage or Dwellinghouse
and the Fixtures therein together with the Garden, Stable and all other Appurtenances thereto belonging situate in that part of Middleton Dale which lies in the Parish of Eyam in the said County of Derby and in the Actual Occupation and Possession of the said John Cundey, Junior, himself To hold the same with their Appurtenances To and for the only Use and Benefit of the said John Cundey, Junior, his Heirs and Assigns for ever, I give and bequeath unto my dear Wife Barbara Cundey one Annuity or Yearly Sum of Fifteen Pounds free from all Taxes and deductions whatsoever
to be paid by half yearly Portions and the first Payment thereof to be made immediately after my decease and a Proportionable part thereof to be paid from such one of the same half yearly times of Payment as shall next and immediately precede her Decease up to the Day of such her Decease. I give and devise unto my said dear Wife Barbara Cundey and, her Assigns for and during the Term of her Natural Life All that my Old Dwellinghouse and the New, Edifice or Building at the East end thereof
Together with the Outbuildings, Yard Garden, and Appurtenances thereto belonging situate in that part of Stoney Middleton, which lies in the Parish of Hathersage and County of Derby and in my own Actual Occupation. And also All that Close or Parcel of Land situate at Hungerill in the Township of Eyam aforesaid in my own Occupation which I purchased of John Daniel; And also the Use and enjoyment during her Life of all my Household Furniture and Implements of Household
that may be in and about my Dwellinghouse at the time of Decease they my said Trustees taking an Inventory thereof at my Death And from and after the decease of my said dear Wife I give and devise All that the said New, Erected Edifice or Building at the East end of my said Dwellinghouse in Stoney Middleton aforesaid Together with a Way or Road to the same to be set out by my said Trustees and Executors Unto and to the Use of my said Daughter Sarah Cundey her Heirs and Assigns for ever
And from and immediately after the decease of my said Wife I give devise and bequeath my said Old Dwellinghouse Outbuildings Yard Garden and Appurtenances Close of Land and all other my real Estate not hereinbefore specifically devised and also the said Household Furniture and Implements of Household unto the said John Cundey, Junior, Robert Heginbotham and William Clayton their Heirs Executors Administrators and Assigns according to the Nature and Quality of such Estates respectively upon and for the Trusts and Purposes following
that is to say; Upon Trust that they the said John Cundey the Younger, Robert Heginbotham and William Clayton and the Survivors and Survivor of them and the Heirs Executors or Administrators of the Survivor and their or his Assigns or other the Trustees or Trustee for the time being acting under this my Will do and shall as soon as conveniently can be after the Decease of my said Wife sell and Absolutely dispose of the same last mentioned real Estate Furniture and Effects either together or in Parcels and either by Public Auction or Private Contract
as they or he shall think best for such Price or Prices or Sum or Sums of Money as in their or his Opinion can be obtained or reasonably expected for the same and to convey Assign deliver or otherwise make over the Properties which shall be so Sold to the Purchaser or several Purchasers thereof his her and their Heirs Executors Administrators and Assigns respectively or as he she or they shall or may respectively direct or Appoint
And I do hereby declare that the Receipt and Receipts of them the said John Cundey, Junior, Robert Heginbotham and William Clayton or of the Survivors or Survivor of them or of the Heirs Executors or Administrators of such Survivor or their or his Assigns or other the Trustees for the Time being acting in the Execution of the Trusts hereby created shall be a good and effectual Discharge and Discharges for the Monies to be received under the Trusts of this my Will or to arise from any such Sales as aforesaid
and that no such Purchaser or Purchasers his her or their Heirs Executors Administrators or Assigns shall after Payment of the same to such Trustees or Trustee be in any manner answerable for or liable to see to the Application thereof or any part thereof And do and shall pay apply and dispose of the Monies which shall arise or be produced by or from the last mentioned Sale or Sales to be made as aforesaid Upon the several Trusts and to and for the several ends intents and purposes hereinafter mentioned
expressed and declared of and concerning the same And I do hereby further Will and direct that the said Real Estate and Furniture hereby directed to be Sold as aforesaid and the Rents and Profits thereof shall until Sale thereof be taken and considered as part of my Personal Estate I give and bequeath all my live and dead Farming Stock Monies and Securities for Money, Money at my Banker’s Debts and all other the Rest residue and Remainder of my personal Estate and Effects whatsoever and wheresoever and of what nature, kind or Quality soever
not hereinbefore bequeathed or disposed of unto the said John Cundey, Junior, Robert Heginbotham and William Clayton their Executors Administrators and Assigns Upon the Trusts nevertheless and for the ends intents and purposes hereinafter expressed and declared concerning the same that is to say: Upon Trust that they the said John Cundey Junior, Robert Heginbotham and William Clayton and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor
shall and do immediately after my decease sell and dispose of all the Residue of my Personal Estate and Effects which shall not consist of Money and also Collect and receive such Parts thereof as shall consist of Money Debts and Securities for Money and do and shall lay out and invest as well the Money to arise and be produced by or from the Sale or Sales of my said residuary Personal estate and Effects as the Money to be so collected and received as aforesaid in or upon Government or real Securities at Interest with full Power and Authority, in their or his discretion
to sell Assign transfer and dispose of such Stocks Funds and Securities or any of them and again to lay out and invest the Money arising therefrom in their or his Names or Name in or upon any new, or other Stocks Funds or Securities of a like or similar nature and from Time to time to alter change and vary the same as Occasion shall be or require And shall and do stand and be possessed of and interested in the aforesaid several Trust, Monies and the stocks funds and Securities
in or upon which the same shall be laid out or invested and the Dividends Interest and annual Produce thereof respectively Upon Trust in the first Place by with and out of the same Monies to pay the aforesaid Legacies of Ten Pounds apiece to my said Executors and Answer and pay the Annuity hereinbefore bequeathed to my said Wife And Upon further Trust to accumulate and improve the residue of the Dividends Interest and annual Produce of my said, residuary personal Estate
by investing the same and the produce thereof from Time to Time in the Names or Name of my said Trustees or Trustee in or upon Government or real Securities to be altered or varied as they or he shall think fit for and during the Term of twenty one years from my Death provided my said Wife shall so long live And from and immediately after the expiration or sooner Determination of the said Term of twenty one years by the Death of my said Wife
which shall first happen then that they my said Trustees or Trustee for the Time being shall and do stand and be possessed of and interested in the aforesaid Trust Monies and the Accumulations thereof and also the Money to arise and be produced by or from the aforesaid Sale or Sales of my said real Estate and Household Furniture hereinbefore directed to be made at my said Wife’s Death In Trust for the Benefit of all and every my Children the said John Cundey, Junior, Sarah Cundey, Jane Hurst, Elizabeth Stringer, Hannah Wild, and Nancy Heginbotham,
equally to be divided between or amongst them Share and Share alike But in regard that I have hereinbefore devised to my said Daughter Sarah a certain part of my real Estate I direct that the Sum of One hundred Pounds shall be deducted out of her Share of the aforesaid Trust Monies and paid and divided equally amongst the rest of my said Children in order to make them about equal with her Provided always that
if any one or more of my aforesaid Children shall depart this Life in my Life Time or in the Life Time of my said Wife leaving lawful Issue of his her or their Body or respective Bodies living at the Time of my Decease or as to my said Son born in due time after or living at the Time of the decease of my said Wife or as to my said Son born in due time after Then and in every or any such Case the Share or Shares to which the Parent or respective Parents so dying
would on Surviving me or on Surviving my said Wife have become entitled to shall go to his her or their respective Child or respective Children and the respective Executors Administrators and Assigns of such respective Children respectively and each such Parents respective Children if more than one shall take in equal Shares as Tenants in Common Provided also that if any one or more of my said Children shall depart this Life in my Life Time
or in the Life time of my said Wife without leaving lawful Issue of his her or their Body or respective Bodies living at the Time of my Decease or as to my said Son born in due time afterwards or living at the Time of the Decease of my said Wife or as to my said Son born in due time afterwards then and in every or any such Case the Share or respective Shares to which he she or they would on Surviving me or on Surviving my said Wife have become entitled either Originally or by virtue of this present Clause
shall be and remain to the Others and Other of them and their his or her Executors Administrators and Assigns respectively and be divided amongst such Others in equal Shares as Tenants in Common And I hereby declare that on the Death or resignation of any of the Trustees hereby appointed or to be appointed it shall be lawful for the acting Trustees or Trustee of this my Will or the Executors or Administrators of the last acting Trustee to Nominate and appoint any other Person to be a Trustee of this my Will
in the Place of the Trustee so resigning or dying And I do hereby declare and direct that my said Trustees or Trustee for the Time being shall not be answerable or Accountable the one for the other or Others of them or for any involuntary loss and that it shall and may be lawful for them to reimburse themselves and each other all their reasonable Costs Charges and Expences in discharging the Trusts hereby in them reposed
And, Lastly I hereby revoke and make void all and every Will and Wills by me at any time heretofore made and I declare this only to be my last Will and Testament In Witness whereof I the said John Cundey the Testator have to this my last Will and Testament contained in five Sheets of Paper set and Subscribed my Hand and Seal that is to say: to the first four Sheets thereof have set my Hand and to the fifth and last Sheet thereof my Hand and Seal the day and Year first hereinbefore written
Signed Sealed Published and declared by the said John Cundey
the
testator as and for his last Will and Testament in the Presence of Us
who in his presence and at his particular Request and in the presence
of each other have hereunto Subscribed our Names as Witnesses
thereto.
Saml Turner, Clerk to Mr. Gregory Solr. Eyam
John Mason
John Dooley
NOTE.
The will itself is obviously not divided into paragraphs but,
every seven or eight lines, there is a number in the left margin. To
make the text easier on the eyes I've split it roughly where each
number occurs.
The original document is held by Staffordshire Record Office, who have licensed FindMyPast to provide images.
