Last Will and Testament of Samuel Maltby

 

This is the last Will and Testament of me Samuel Maltby of the town and county of the town of Nottingham I Give and bequeath that my Corn Windmill (standing on the Forrest within or near the Liberties of Nottingham) with the appurtenances unto my two worthy friends Henry Green the Elder of Nottingham Hosier and Henry Worrall of Nottingham Yeoman their executors administrators and assigns uponsuch Trusts nevertheless and to and for such interests and purposes as are hereinafter expressed concerning the same that is to say In Case my son Charles Maltby his Executors or administrators shall and do yearly every year until my youngest child for the time being shall attain the age of twenty one years well and truly Pay or cause to be paid unto the said Henry Green and Henry Worrall or to the survivor of them his executors or  administrators the clear yearly sum of Six pounds of lawful money of Great Britain by two equal half yearly Payments in every year the first half yearly Payment thereof to begin and be made at the end of Six calendar months next after my decease Then and in such case Upon Trust to permit the said Charles Maltby his executors and administrators to hold and occupy the said Corn Windmill with the appurtenances until such the time as my youngest child for the time being shall attain the age of twenty one years at and under the said clear yearly rent or sum of Six Pounds (to be paid and payable as aforesaid clear of all taxes and other deductions whatever) but in case Default shall at any time be made by my said son Charles Maltby his executors or administrators in payment of the said yearly sum of Six Pounds in manner aforesaid or at any Part thereof then and from thenceforth upon Trust that they (the said Henry Green and Henry Worrall) and the survivor of them his Executors and administrators shall in their or his Discretion think proper and at such yearly rent as can reasonably be obtained for the same and by and out of the yearly rent thereof raise and retain the said clear yearly sum of Six Pounds and pay the overplus of such yearly rent (after deducting the said yearly sum of Six Pounds and what shall be necessary to be applied in repairs) unto the said Charles Maltby is Executors or administrators And upon this further Trust and to this further intent and purpose that when and so soon as my youngest child for the time being shall have attained the age of twenty one years They the said Henry Green and Henry Worrall and the survivor of them his Executors or administrators shall and Do Transfer and assign that said Corn Windmill with the appurtenances unto and to the use of my said Son Charles Maltby his Executors administrators and assigns and to whom I then give (end of page 1) and Bequeath the same accordingly And as to the aforesaid clear yearly sum of six pounds  the same to be by my said Trustees Paid (from time to time as the same shall arise and accrew)  unto my dear wife Hannah Maltby if living and continuing to be my widow the better to enable her to maintain and support herself and my five younger Children But in case of her Death or Marrying again the same then to be applied to my said Trustees in and towards the maintenance education and bringing up and for he benefit of my five younger Children during their respective Minorities in such manner as my said Trustees or the survivor of them his executors or administrators as shall in their or his Discretion think meet and proper. I Give and Bequeath to my said son Charles Maltby all my Bags and Utensils used in my Business and the cart and Horses by me used and employed in my said Business.           I Give devise and Bequeath the House Garden and Stable with the appurtenance respectively standing and being near the said Windmill and all my Estate Right Title and interest of in and to the said  House Garden and Stable with their appurtenances unto the said Henry Green and Henry Worrall their executors administrators and assigns Upon the following nevertheless concerning the same respectively (that is to say) As to the said House and Garden with the appurtenances (except the Corn chamber) in trust to permit my said dear wife Hannah Maltby to occupy the same (without Paying any rent) for and during the tem of two years next after my Decease in case she shall so long live and continue my widow and from and after the expiration of such two years or Decease or Marrying again of my said wife whichever of those events shall first happen Then in Trust to and for the only proper behoof use and Benefit of my said son Charles Maltby his heirs executors and administrators and assigns And As to the said Corn chamber and the said Stable (from and immediately after my Decease) Behoof use and benefit of him my said son Charles Maltby his heirs executors and administrators and assigns  I Give and Devise all and every my five Messuages or Tenements Gardens Hereditaments and Premises whatsoever situate or being in or near or contiguous to the Southwest site of a certain Lane or Place called Millstone Lane in the Town and County of the town of Nottingham aforesaid with all the privileges thereof belonging to my said dear wife Hannah Maltby for and during the term of her “natural life” in case she continues my widow and unmarried  And from and after the Decease of my said wife or her intermarriage with any other Person after my Death which shall first and next happen after my Decease. Then I Give and Devise the two most Northwestward of such Messuages and the Gardens Priviledges and appurtenances to such to most northwestward Messuages belonging and enjoyed therewith unto the use of my Daughter Ann Maltby her heirs and assigns forever.  And then I Give and Devise the other three of such five Messuages with The Gardens Priviledges and appurtenances  to the said three last mentioned Messuages belonging and enjoyed herewith unto and to the use of my three Sons Samuel Maltby John Maltby and (end of page 2) Joseph Maltby equally to be divided among them share and share alike and their several respective heirs and assigned for ever and to take as Tenants in common and not as Joint tenants I Give and Devise unto the said Henry Green and Henry Worrall all those my nine newly erected Messuages or Tenements adjoining the one to the other and the several Pieces of Ground Priviledges and Hereditaments and all other my Estate and Premises whatsoever  by me lately purchased of and from Thomas Wooldridge and William Cutts his trustee (and which premises are situate in the Town and County of the Town of Nottingham aforesaid in or upon a Part of a certain Piece or Parcel of Ground there now or lately called the Cherryholt otherwise Sherwin`s orchard)  Together with their and every of their rights members and appurtenances.  To hold to them the said Henry Green and Henry Worrall their heirs and assigns forever. To for and upon the several uses ends intents and purposes hereinafter limitted expressed and declared of and concerning the same (that is to say)  To the use of my said dear wife Hannah Maltby for and during the Term of her natural Life in case she shall continue my widow and unmarried and from and after the decease of my said wife Hannah Maltby or her intermarriage with any Person after my Death (which shall first and next happen after my decease) Then to the further uses intents and purposes hereinafter limitted expressed and declared of and concerning the same respectively that is to say As to for and concerning the most southwestward messuage fronting to the Southeast with the piece of ground lying before the front thereof and the Priviledge and use of the Necessary houses and Muckhill Places to be Erected and made and of all the Roads and all other Priviledges thereto belonging to the use of my Son William Maltby and the heirs of his Body lawfully issuing and for the default of such Issue To the use of Thomas Maltby George Maltby Hannah Maltby and Mary Maltby (four of my children) equally to be divided amongst them share and share alike and they to take as Tenants in Common and not as joint tenants and of the several and respective heirs of their respective bodies and failing issue of any of them then as to the Share or Shares of him her or them whose issue shall fail to the use of the survivors or Survivor or others or other of them to take as tenants in Common and not as joint tenants and of the several and respective heirs of their bodies lawfully issuing and if there shall be failure of issue of all of them but one Then to the use of such one of them and the heirs of his or her Body lawfully issuing and for and in Default of all such issue Then To the use of my said four sons Charles Maltby Samuel Maltby John Maltby and Joseph Maltby and daughter Ann Maltby equally to be divided amongst them share and share alike and of their several and respective heirs and assigns for ever and to take as Tenants in Common and not as Joint tenants. And as to for and concerning the second or Middlemost Messuage fronting the Southeast with the (end of page 3) Piece of Ground lying before the Front thereof and the Priviledge and use of the said Necessary houses and Muckhill places and of all the Roads and all other Priviledges thereto belonging (from and after the Death and Marrying again of my said wife which shall first happen) To the use of my said Son Thomas Maltby and the heirs of his Body lawfully issuing and for default of such issue To the use of the said William Maltby George Maltby Hannah Maltby and Mary Maltby (four of my children) equally to be divided amongst them share and share alike to take as Tenants in common and not as joint tenants and of the several and respective heirs of their respective bodies and failing issue of any of them as to the share or shares of him her or them those issue shall fail To the use of the survivors or survivor or others or other of them to take as Tenants in common and not as joint tenants and of the several and respective heirs of their bodies issuing and if there shall be failure of issue of all of them but one Then To the use of such one of them and the heirs of his or her body issuing and for and in Default of all such issue Then To the use of my said four Sons Samuel Maltby John Maltby and Joseph Maltby and daughter Ann Maltby equally to be divided amongst them and share and share alike and of their several and respective heirs and assigns forever and to take as Tenants in Common and not as joint tenants. And as for and concerning the most Northeastward Messuages fronting to the Southeast with the piece of Ground lying before the front thereof and the Priviledge and use of the Necessary houses and Muckhill places and of all the Roads and all other Priviledges thereto belonging from and after the Death or Marrying again of my said wife which shall first happen) to the use of my said Son George Maltby and the heirs of his Body lawfully issuing and for the Default of such issue To the use of the said William Maltby Thomas Maltby Hannah Maltby and Mary Maltby (four of my children) equally to be divided amongst them share and share alike to take as Tenants in common and not as joint tenants and of the several and respective heirs of their respective Bodies and failing issue of any one of them then as to the share or shares of him or her or them whose issue shall fail To the use of the survivors or survivor or others or other of them to take as Tenants in common and not as joint tenants and of the several and respective heirs and if there shall be failure of issue of all of them but one then to the use of such one of them and the heirs of his or her Body issuing and for and in Default of all such issue Then To the use of my said four sons Charles Maltby Samuel Maltby and Joseph Maltby and daughter Ann Maltby equally to be divided amongst them share and share alike and of their several and respective heirs and assigns for ever and to take as Tenants in common and not as joint tenants  And As to for and concerning the three most Southwestward Messuages Fronting to the Northwest with the Piece of Ground lying before the Front thereof (end of page 4) and the Priviledge and use of the said Necessary houses and Muckhill places and of all the Roads and other Priviledges thereto belonging (from and after the Death or Marrying again of my said wife which shall first happen) To the use of may said daughter Hannah Maltby and the heirs of her body lawfully issuing and for default of such issue To the use of the said William Maltby Thomas Maltby George Maltby and Mary Maltby four of my children) equally to be divided amongst them share and share alike as Tenants in common and not as joint tenets and of the several and respective heirs of their respective bodies and failing issue of any on them then  as to the share or shares of him or her or them whose issue shall fail To  the use of the survivors or survivor or other of them to take as Tenants in Common and not as joint tenants and of there several and respective heirs of their respective bodies and failing issue of any of them then as to the share or shares of  him her or them whose issue shall fail To the use of the Survivors or Survivor or others or other of them to Take as Tenants in Common and not as Joint tenants and of the several and respective heirs of their bodies issuing and if there shall be failure of issue of all of them but one Then To the use of such one of them and the heirs of his or her Body issuing And for and in default of all such issue Then To the use of my said four sons Charles Maltby Samuel Maltby John Maltby and Joseph Maltby and Daughter Ann Maltby equally to be divided amongst them share and share alike and of their several and respective heirs and assigns forever and to take as Tenants in Common and not as joint tenants And as to for and concerning the three most Northeastward Messuages fronting to the Northwest with the Piece of Ground lying before the front thereof and the Priviledge and use of the said Necessary houses and Muckhill Places and of all the Roads and all other Priviledges thereto belonging (from and after the Death or Marrying again of my said wife which shall first happen) To the use of my said Daughter Mary Maltby and the heirs of her Body lawfully joining And for Default of such issue o the use of said William Maltby Thomas Maltby George Maltby and Hannah Maltby (four of my Children) equally to be divided amongst them share and share alike and of their several and respective heirs and assigns forever and to take as Tenants in Common and not as joint tenants and of the several and respective heirs of their respective Bodies issuing  And failing issue of any of them Then as to the share or shares of him her or them whose issue shall fail To the use of the Survivors or Survivor or others or other of them To take as Tenants in Common and not as joint tenant and of the several and respective heirs of their Bodies issuing and if there shall be failure of  Issue of all of them but one Then To the use of such one of them and the heirs of his or her Body issuing And for and in Default of all such issue Then To the use of my said four sons Charles Maltby Samuel Maltby John Maltby and Joseph Maltby and daughter Ann Maltby equally to be divided amongst them share and share alike and of their respective heirs and assigns for ever and to take as Tenants in Common and not as joint tenants I Give and bequeath my Stocking frame with the appurtenances unto the said Henry Green and Henry Worrall In Trust to permit my said Dear wife to receive the rent thereof During the term of her natural Life in case she shall continue my widow and unmarried or (end of page 5) until she shall sooner Direct the said Stocking frame to be Transferred and Delivered to the use of my said Son William Maltby and from and after the Decease of my said Wife or her intermarriage with any Person after my Decease or her Directing the said Stocking frame to be Transferred to my said son William Maltby (whichever of those three circumstances or events shall first happen after my Decease) Then upon Trust thereupon to Transfer and Deliver such Stocking frame with the appurtenances unto and to the use of my said Son William Maltby  and to whom  I then give and bequeath the same accordingly And As to for and concerning all my ready money and Securities for Money and Debts due to me at my Decease and all my stock of Corn and Flour wheresoever the same shall be at my Decease (as well as at the aforesaid Mill as elsewhere) and all other my Stock in Trade Household Goods and Furniture and all order my Goods Cattle Chattels Personal Estate and Effects of what nature or kind soever and wheresoever (not hereinbefore specifically given or disposed of) I Do hereby give and Bequeath the same and every part thereof unto them the said Henry Green and Henry Worrall to be by them wholly converted to ready Money with all convenient speed after my Decease and thereout in the first place to Pay off and Discharge all and singular my Just Debts and funeral Expense and all such Part of the Purchase Money (for the Estate and Premises by me purchased of the said Thomas Woodbridge) that may happen to be not Paid at my Decease (in case I shall not have Paid the whole of such Purchase money in my Lifetime) And as to the Residue and Surplus of the Money to arise from my said Personal  Estate and Effects in Trust That they the said Henry Worrall and Henry Green and the Survivor of them his executors and administrators Do place the same out at Interest and Pay the clear yearly Interest and Produce thereof unto or permit the same to be received by my said Dear wife Hannah Maltby During the term of her natural Life in case she continues my Widow and unmarried and from and after her Decease or Marrying again which shall first happen To Pay apply and Transfer all the said Trust Monies ( so to be Placed out at Interest as aforesaid) and the future and accrewing Interest (Produce thereof) unto and amongst them the said William Maltby Thomas Maltby George Maltby Mary Maltby and Hannah Maltby (five of my Children) equally to be divided amongst them share and share alike And  Do hereby order and direct that the aforesaid Trustees shall not be chargeable with any more of the said Trust monies or effects than what they shall respectively actually receive or come into their hands or possession nor with any loss that may happen without their wilful neglect or Default not shall one of them be accountable for the other of them but each of them for his own acts only and that they respectively may in the first place thereonly deduct and reimburse all Charges and Expenses attending to the execution of the aforesaid Trusts (end of page 6) And I do hereby nominate constituts and appoint them the said Henry Green and Henry Worrall Joint Executors of this my Last Will and Testment hereby revoking all former wills by one made In witnesees whereof I have hereunto Let my Hand and Seal the Twenty fourth Day of April One thousand and Eighty Seven.

Signed Sealed Published and Declared by the said Samuel Maltby the Testator as and for his Last Will and Testament in the Prescence of us who in his Presence and in the Presence of each other have Subscribed own names as witnesses to the same.

 

Samuel Maltby signed by his mark.

 

Winessed signed James Sturt

                                    John Nichols

                                    Will D Crofts

 

(later annotation – Hannah Maltby Widow Relict and Administrator)