The  Will  of  Richard  Carrington

BE IT KNOWN that at the date hereunder written the last Will and Testament with two Codicils thereto of Richard Carrington late of Smalley, in the County of Derby, Gentleman Farmer deceased, who died on the 10th day of June 1892, at Smalley aforesaid within the District of the County of Derby was proved and registered in the District Probate Registry of Her Majesty's High Court of Justice at Derby and that Administration of the personal estate of the deceased was granted by the aforesaid Court to Elizabeth Anne (in the Will written "Elizabeth Ann") Clayton (Wife of Eyres Clayton) of Smalley aforesaid and Selina Martin (Wife of Walker Martin) of the same place, the Daughters, the surviving Executors named in the Will they having been first sworn well and faithfully to administer the same. Dated the 31st day of August 1892 Gross value of Personal Estate £92 . 19. 8 Extracted by Huish & Wilson, Solicitors Ilkeston This is the last Will and testament of me Richard Carrington of Smalley in the County of Derby Gentleman farmer. Whereof I appoint Thomas Starbuck Woolley of Heanor in the same County, Surgeon and my daughters Elizabeth Ann Clayton and Selina Martin and the survivors and survivor of them and the heirs executors or administrators of such survivors (all of whom are hereinafter referred to as " my said Trustees") Trustees and Executors. I give and bequeath to my said daughter Elizabeth Ann Clayton and in case of her death in my lifetime to her children in equal shares (the same if necessary being sold to more conveniently effect that purpose) the Piano furniture and effects in my parlour and the best bedroom over the same. I give and bequeath my silver plate to my said two Daughters for their respective separate use to be divided between them as shall be agreed upon them by my said two daughters or in the case of any difference as shall be determined by the said Thomas Starbuck Woolley whose decision shall be final. All the rest residue and remainder of my household goods chattels consumable stores and effects together with my Horses Carts carriages live and dead farming stock and implements of husbandry ( of which I direct an Inventory shall be taken immediately after my decease) I give to my Granddaughter Georgina Martin and my Niece Zilpah Cooper as joint tenants subject nevertheless as hereinafter provided. It is my earnest wish and desire that my said Granddaughter and Niece shall after my decease jointly continue to occupy the farm and premises now held by me as tenant to Colonel Drury Lowe to whom I respectfully commend them as my successors but if from any cause whatever they shall not so continue jointly then in case my said Granddaughter and Niece shall determine that my said Granddaughter shall alone continue tenant. I give and bequeath the effects comprised in such Inventory to my said Granddaughter absolutely charged with the payment within one Calendar month from such determination of the sum of ten pounds to my said Niece. In like manner if from any cause whatever my said Granddaughter and Niece shall determine that my said Niece shall alone continue tenant then I bequeath the effects comprised in the said Inventory to my said Niece charged with the payment within one Calendar month from such determination of the sum of Twenty Pounds to my said Granddaughter. But if from any cause whatever neither my said Niece nor my said granddaughter shall determine to continue tenants or tenant either jointly or individually then and in such event I give and bequeath the effects comprised in the said Inventory to my Granddaughter Selina Clayton subject to the payment of the sum of ten Pounds to my said Niece and the sum of Twenty Pounds to my said Granddaughter Georgina Martin such payments to be made within one Calendar month from such determination having regard to the before mentioned bequest to my said granddaughter Selina Clayton I express the wish that she may (failing my said Niece and my said Granddaughter Georgina Martin) succeed me in the occupation of the Farm in like manner I respectfully commend her to my said landlord Colonel Drury Lowe. I give and bequeath all the rest residue and remainder of my personal Estate not hereby otherwise disposed of unto my said Trustees Upon Trust for sale and conversion and with and out of the moneys provided for such sale and conversion and with and out of my ready money to pay my funeral and testamentary expenses and debts other than the sum of One hundred and fifty pounds and interest or thereabouts due from me to Mr. Thomas Hardy the discharge of which is hereinafter provided for and shall invest the residue of the said moneys with power for my Trustees from time to time to vary such investments and shall stand possessed of the residuary trust moneys and the investments for the time being representing the same ( hereinafter referred to as my residuary personal estate) Upon the Trusts following that is to say as to one moiety thereof Upon Trust to pay the income thereof to my said Daughter Elizabeth Ann Clayton for and during the term of her natural life for her own sole and separate use and so that she shall not have power to dispose therefrom in the way of anticipation and from and after her decease. Upon trust for all the children of Elizabeth Ann Clayton who being a son or sons shall attain the age of Twenty one years or being a daughter or daughters shall attain the that age or marry in equal shares and if there shall be only one such child the whole to be in trust for that one child and as to the other moiety of my said residuary personal Estate upon such and the like trusts in favour of my said Daughter Selina Martin and her children or child as correspond with those hereinbefore expressed of and concerning the first mentioned moiety of my said residuary personal estate. I give and devise the house and garden with the appurtenances situate at Smalley aforesaid in the occupation of my son in law Eyres Clayton Together with the four messuages and gardens thereto adjoining in the respective occupations of Henry Ratcliffe William Dexter Elijah Woolley and George Eyres and also the large garden below the appurtenances now or late in the occupation of William Ratcliffe and together also with all those three messuages (being those at the South end of the Row) with the frame work knitters shop garden and appurtenances thereto adjoining and belonging situate at Smalley aforesaid now or late in the respective occupations of William Ratcliffe Thomas Turner and Samuel Darby Upon trust to permit my said Daughter Elizabeth Ann Clayton to receive the rents issues and profits thereof as the same shall accrue due for and during the term of her natural life for her own sole use and benefit and from and after her decease as to the house garden and premises in the occupation of my said son in law Eyres Clayton I give and devise the same unto my said Granddaughter Selina Clayton in fee simple As to the four messuages with the large garden below and the three cottages (being those at the South end of the Row) with the frame work Knitters shop garden and appurtenances thereto belonging and adjoining I give and devise the same amount unto my said Trustees Upon trust for the child children or remoter issue other than my Granddaughter Selina Clayton of the said Elizabeth Ann Clayton whether by her present or any future husband in such shares (if more than one) and in such manner as the said Elizabeth Ann Clayton shall by any Deed or Deeds or by her will whether under coverture or not appoint and in default of such appointments and so far as any such appointment shall not extend In trust for all the children (other than the said Selina Clayton) of the said Elizabeth Ann Clayton who being a son or sons shall attain the age of Twenty one years or being a Daughter or Daughters shall attain that age or marry in equal shares and if there be only one such child the whole to be in trust for that one child but so that no one child who or any of whose issue shall take any share under any such appointment as aforesaid shall participate in the unappointed part of the said moiety without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly. I give and devise all that dwelling house used as a Public House with the close of land thereto now in the occupation of John Barnes Also the small Cottage and garden thereto adjoining with the appurtenances situate at Smalley aforesaid as the same was until recently in the occupation of Emily Oldknow Also those four Cottages with the shop and gardens thereto now in the respective occupations of Isaac Berresford  David Briggs  Rowland Brown and Mary Sale Unto my said Trustees other than my said Daughter Selina Martin Upon trust to receive the rents issues and profits thereof and after discharging all the necessary outgoings for repair rates taxes and insurance to pay the net income by half yearly payments to the said Thomas Hardy until all principal moneys and interest remaining due to him from me or my estate shall be fully paid and satisfied and for that purpose I charge my real Estate the subject of the present devise with such payment when and so soon as the debt due to the said Thomas Hardy shall be fully discharged then I direct my said Trustees to permit my said daughter Selina Martin to receive the rents issues and profits of my said last mentioned property for and during the term of her natural life for her own sole use and benefit and from and after her decease I give and devise the said messuages Public House and premises unto my said Trustees Upon trust for the child children or remoter issue of the said Selina Martin whether by her present or by any future husband in such shares (if more than one) and in such manner as the said Selina Martin shall by any Deed or Deeds or by her Will whether under coverture or not appoint and in default of such appointments and so far as any such appointment shall not extend In trust for all the children of the said Selina Martin who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and if there be only one such child the whole to be in trust for that one child but so that no child who or any of whose issue shall take any share under any such appointments as aforesaid shall participate in the unappointed part of the said moiety without bringing the share or shares appointed to him or her or to his or her issue into hotchpot and accounting for the same accordingly Provided always and I hereby expressly declare that if any or either of my Grandchildren shall marry any member of the family of Day they shall immediately thereupon be deprived in favour of their Brothers and Sisters in equal shares of all their benefit whatever under this my Will And Lastly I direct my said Trustees in all matters connected with my Testamentary affairs in which they shall require professional advice or assistance to consult Mr Frances Darwin Huish of the Wardwick Derby who has acted as my Solicitor I revoke all former Wills by me at any time heretofore made and declare this to be my last Will and Testament In witness whereof I have to this and the four preceding sheets set my hand the fourth day of September One thousand eight hundred and eighty eight. Signed and declared by the said Richard Carrington as and for 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 here unto set and subscribed our names as witnesses. Richard Carrington F Darwin Huish, Solicitor, Derby A J Clarke, Clerk to Mr Huish This is a Codicil to the last Will and Testament of me Richard Carrington of Smalley in the County of Derby Gentleman Farmer which Will bears the date of the 4th day of September 1888. Whereas by my said Will I have given and bequeathed all the rest residue and remainder of my household goods chattels consumable stores and effects together with my horses carts carriages live and dead farming stock and implements of husbandry unto my granddaughter Georgina Martin and my niece Zilpat Cooper as joint tenants but subject as therein mentioned. Now I do hereby revoke such part of my said Will as contains the aforesaid bequest and the clauses and conditions relating thereto and in lieu thereof. I give and bequeath the same residue equally between my said granddaughter and niece absolutely share and share alike as tenants in common. And whereas since the date of my last Will I have paid off and discharged the sum of £150 mentioned therein as due and owing from me to Thomas Hardy but to enable me to do so I have borrowed the sum of £200 from Messrs. Alton and Company limited Brewers of Derby which said sum of £200 is now due and owing from me to them. Now I do declare that all the clauses and provisions contained in my said Will concerning the sum of £150 mentioned therein as due and owing from me to the said Thomas Hardy shall be construed and take effect as if the said sum of £200 due and owing from me to Messrs. Alton and Company Limited were inserted therein instead of the sum of £150 mentioned therein as due and owing from me to the said Thomas Hardy. In all other respects I confirm my said Will. In witness thereof I have hereinto set my hand this eighth day of September 1890 Signed by the said Richard Carrington the Testator as and for a Codicil to his last Will and Testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have here unto subscribed our names as witnesses Richard Carrington F Darwin Huish, Solr, Derby W H Rees, Clerk to the said F Darwin Huish This is a second Codicil to the last Will and Testament of me Richard Carrington of Smalley in the County of Derby Gentleman Farmer which Will bears the date of the 4th day of September 1888. Whereas by my said Will I have given and bequeathed to my daughter Elizabeth Ann Clayton and in case of her death in my lifetime to her children in equal shares the piano furniture and effects in my parlour and the best bed room over the same Now I do hereby revoke such part of my said Will as contains the aforesaid bequest (with the exception of the piano which I hereby confirm) and in view thereof I give and bequeath the same furniture and effects unto my granddaughter Georgina Martin absolutely And in all other respects I confirm my said Will except so far as the same may be altered or revoked hereby or by my first Codicil which bears the date the eight day of September One Thousand eight hundred and ninety. In witness whereof I have hereto set my hand this twenty third day of April one thousand eight hundred and ninety one. Signed by the said Testator in the presence of us both present at the same time in his presence and in the presence of each other the words "hereby or" having been previously inserted. Affidavit of due executors filed William Flinn, Denby Martha Flinn, Denby Proved at Derby with 2 Codicils the 31st day of August 1892 by the oaths of Elizabeth Anne (in the Will written " Elizabeth Ann") Clayton (Wife of Eyres Clayton) and Selina Martin (Wife of Walter Martin) the Daughters, the surviving Executors named in the Will to whom Administration was granted. The Testator Richard Carrington was late of Smalley in the County of Derby Gentleman Farmer and died on the 10th day of June 1892 at Smalley aforesaid. Gross value of personal Estate £92. 19.8 Extracted by Huish & Wilson, Solicitors, Ilkeston. I certify this to be a true copy.

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