The  Will  of  John  Radford

On the Fifteenth day of May 1866, the Will of John Radford late of Smalley in the County of Derby Esquire deceased, who died on the twentyninth of March 1866 at Smalley aforesaid was proved in the District registry attached to Her Majesty's court of Probate at Derby by the Oath of Mary Brittle Radford of Smalley aforesaid Widow, the relict of the said deceased, one of the Executors therein named she having been first sworn duly to administer. Power being reserved of making the like Grant to Alexander William Radford, Esquire, and Henry Hutchinson the other Executors named in the said Will. Renunciation of Alexander William Radfrord Esquire and Henry Hutchinson the other Executors filed at Derby October 1873. No leaseholds Effects under £8000 Extracted by W. & W.H. Whiston & Cooper Solicitors, Derby. I certify this to be true Copy John James Simpson, District Registrar This is the Last Will & Testament of me John Radford of Smalley in the County of Derby Esquire I direct the payment of my just debts funeral & testamentary expenses as soon as convenient after my decease   I give & devise all my real estate whatever & wheresoever unto my eldest son for the time being already or hereafter to be born his heirs & assigns for ever But in case every such son shall die before attaining to the age of 21 years Then I give & devise all such real estate for the equal benefit of my Wife Mary Brittle Radford & of my other children then living for their natural lives or the lives or life of the survivors or survivor of them & of the heirs & assigns of the ultimate survivor of my said children And as to all & singular my household furniture plate linen china wines & other household effects I give & bequeath the same unto or for the use & benefit of the person or persons who shall be entitled to my said real estate for such estate & (interest?) as herinbefore is declared or mentioned concerning such real estate so far as the rules of law & equity will permit And as to my farming stock alive & dead money & securities for money & all other my personal estate & effects of what nature or kind soever & wheresoever not hereinbefore disposed of I give & bequeath the same unto Alexander William Radford of Audlem near Nantwich in the County of Chester Esquire & Harry Hutchinson of Derby Gentleman & the survivors of them his executors & administrators In Trust & subject to the provisions hereinaftermentioned, that is to say, In trust for my said Wife & my child or children for the time being including an eldest or only son for the time being for such estate & interest & in such manner in general as is herein before mentioned concerning my real estate hereinbefore devised for the benefit of my said wife & child or children in case my eldest son for the time being shall die before attaining to the age of 21 years so far as the rules of law & equity will permit And I appoint my said Wife & also the said Alexander William Radford & Henry Hutchinson and the survivors & survivor of them their his or her executors or administrators Guardians of my said children during their minority respectively with powe to apply the interest or any part not exceeding one third part of the principal of their fortune or expectant fortune respectively in or towards their maintenance & education as to such Guardians or Guardian for the time being shall seem meet And I hereby authorise my said Trustees Alexander William Radford & Henry Hutchinson & survivors of them his executors & administrators to sell & absolutely dispose of my personal estate & effects hereinbefore bequeathed to them either by public auction or private contract & to call in & receive the said monies & securities for money or any parts thereof respectively & to invest the produce arriving from each sale & to be so called in upon Government or real security or on the stock of the equitable reversionary interest (b---g) as to them or him shall seem meet & from time to time to call in receive & invest the same in such or the like manner at their or his discretion And I direct that the receipt or receipts in writing of my said Trustees or the survivor of them his executors or administrators for all monies received by them or him under or by virtue of this my Will or the trusts thereof shall be a valid discharge to the person or persons paying the same who shall not be liable to see to the application or be answerable for the misapplication or nonapplication thereof in anywise And I direct that my said Trustees or the survivor of them his executors or administrators shall not be answerable for any loss which may happen to the said trust funds & premises by depositing the same with any Banker or Bankers for safe custody nor for any other loss or injury thereto unless the same shall happen by or through their or his own neglect or wilful default & by no means for any involuntary loss in or about the execution of the trusts of this my Will and that they or he shall have full power to retain or allow to each other by & out of the first monies to be received by them respectively all costs charges damages and expenses which may be paid or incurred in the execution of this my Will or the trusts thereof And all estates of inheritance or other freehold or other tenure which I hold in trust for any person or persons & wheresoever situate and also all personal & other estates whatsoever which I so hold in trust & give devise & bequeath for my several estates therein unto the said Alexander William Radford & Henry Hutchinson & the survivor of them their or his heirs executors administrators and assigns upon the trusts & for the intents & purposes nevertheless for which I hold the same & for the purposes of fulfilment thereof And hereby revoking all former Wills I declare this only to be my last Will & Testament I appoint my said Wife and the said Alexander William Radford & Henry Hutchinson as Executors thereof In witness whereof I hereto subscribe my name on the twenty sixth day of March in the year of our Lord one thousand eight hundred & fifty nine. John Radford Signed by the said Testator John Radford as & for his last Will & Testament in the presence of us who in his presence & in the presence of each other hereto subscribe our names as Witnesses Joseph Merry, Smalley   -   Devereaux Abbott, Smalley Proved at Derby the 15th day of May 1866 by the oath of Mary Brittle Radford Widow, the Relict, one of the Executors to whom Administration was granted: Power reserved of making the like Grant to Alexander William Radford, Esquire and Henry Hutchinson, the other Executors. The Testator John Radford was late of Smalley in the County of Derby, Esquire, and died on the 29th. day of March 1866 at Smalley aforesaid, Effects under £8000 Extracted by W & W H Whiston, & Cooper, Solicitors, Derby I certify this to be a true Copy. Renunciation of Alexander William Radford Esquire and Henry Hutchinson the other Executors filed at Derby October 1872

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