The Will of James Charlesworth

This is the last Will and Testament of me James Charlesworth of Gratton in the Parish of Horton in the County of Stafford, (farmer).
First, I direct that all my just debts, funeral and testamentary costs and charges be paid by my Exectutors hereinafter named, out of any personal Estate, then I give, devise and bequeath all my Freehold and Copyhold Estates situate and lying at Earl Sterndale and Longnor, in the Counties of Derby and Stafford, or elsewhere, with all rights, members and appurtenances thereunto belonging unto my son James Charleworth, his Heirs and assigns for ever. I give, devise and bequeath unto my son Richard Charlesworth the sum of One Hundred Pounds, also I give and bequeath unto my son Moses Charlesworth the sum of Three Hundred Pounds, both of which said Legacies I direct to be paid or payable at the expiration of twelve months next after my decease. I give and bequeath unto my Grandson Henry Charlesworth, the son of my son Richard, the sum of One Hundred Pounds to be paid to him when he arrives at the age of twenty one years, and the further sum of One Hundred Pounds when he arrives at the age of twenty five years, the interest arising from each of the said Legacies from the time of my death, until such Legacies become payable, I direct to be paid to him by yearly payment as it becomes due, and should he my said Grandson, happen to die before his Legacy or Legacies become payable without leaving lawful issue; then I give and bequeath the Legacy or legacies so unpaid unto and amongst my surviving children, and the issue of such of my children as shall be at that time deceased, such children taking amongst them share and share alike, the part or share to which his, her or their parent would have become entitled, if then living. I give and bequeath unto my son Charles Charlesworth the Interest arising from the sum of Three Hundred Pounds during his natural life, and after his decease I direct and do hereby give and bequeath the principal, (or so much thereof as shall not have been received by my son Charles, pursuant to a proviso hereinafter specified) to be equally divided amongst his children, share and share alike, and be paid them as they severally attain the age of twenty one years. I hereby also give and bequeath the Interest arising out of, or from the sum of Three Hundred Pounds unto my son Peter Charlesworth during his natural life; and at his death, I give and devise the Principal (or so much thereof as shall not have been recieved by my said son Peter, pursuant to the proviso hereinafter made) unto the children of my said son Peter, to be divided and payable to them equally share and share alike as they severally attain their respective ages of twenty one years. I also hereby give and bequeath unto my daughter Sarah, Wife of James Critchlow, the Interest arising from the sum of Two Hundred Pounds, during her natural life; and at her death, I also Will and bequeath the said sum of Two Hundred Pounds, (or so much thereof as shall have not been recieved by her my said daughter, according to the proviso hereinafter specified) unto her children, to be equally divided and payable to them share and share alike, as they severally attain their respective ages of twenty one years. And I hereby also will direct and provide, that in case either of my sons Charles and Peter, or my daughter Sarah should happen to die, before their children should all arrive at the age of twenty one years then I direct that the Interest arising from the sum or Legacy to which each of their children will eventually become entitled, shall be applied by my Executors towards the maintenance and education of such of them my said Grandchildren, as shall not be at age to receive their respective Legacies. I give and bequeath unto the children of my deceased daughter, Jane, late the wife of Richard Critchlow, the sum of Three Hundred Pounds, to be equally divided amongst them, share and share alike and payable to them as they severally attain the age of twenty one years; the Interest thereof from the time of my death until their respective Legacies become payable, I direct my Executors to pay unto Richard Critchlow their father, by yearly payment as it becomes due, towards the education of my said Grandchildren. And I do hereby order that each of the above mentioned Legacies shall be paid and discharged by my Executors out of my personal Estate, and as to my Household, Furniture, Farming Stock, Implements of Husbandary etc, I do hereby direct my Executors, at some convenient time within twelve months next after my decease, to make sale thereof, and the produce of such sale together with all my money and personal Estate, that is not hereinbefore specified, or disposed of by this my Will. I do hereby direct them my Executors to dispose of or distribute the same equally between and amongst my sons James, Charles, Moses, Peter and my daughter Sarah, and the children of my late daughter Jane, the said children to receive among them equally share and share alike as they severally attain the age of twenty one years, the part or share to which their parent would have been entitled, if she had been then living, and the Interest arising from the Legacy of Legacies of any of my said Grandchildren before their respective shares shall become payable into their own hands. I direct my Executors to pay into the hand of their father Richard Critchlow, by yearly payments as it becomes due towards their education of the said children. And I do hereby further order and direct that in all cases wherein the Interest herein bequeathed by me unto my Children and Grandchildren, shall from time to time be fixed and regulated by the Savings Bank, legally established in England and that the Interest to become due to my children and grandchildren shall be on the same seal, and amount per cent as the Interest allowed by the Savings Bank. And I do hereby further order and provide that if in case either of my sons and daughter (viz) Charles, Peter and Sarah shall by accident, misfortune, sickness, old age, or infirmity be incapable, or unable to follow their usual or other occupations, my said Executors are hereby authorized to advance out of the principal sum ( the Interest of which is hereinbefore respectively given to them) any sum not exceeding Ten Pounds per year, as they my said Executors, at their discretion, shall deem proper, during such incapability of required. And further I do also hereby will and direct that of the Legacy herein bequeathed unto my son Moses, shall remain unclaimed by him or his assigns, at the expiration of seven years, from the time of my decease, it shall then be divided equally unto and amongst the other of my surviving children and the issue of such of my children as shall be then deceased, such children taking amongst them share and share alike, the part or Legacy to which his, her or their parents would have become entitled to, if then living. And lastly I do hereby nominate, constitute and appoint my son James Charlesworth, and my Grandson Moses Charlesworth ( the eldest son of my son James) both of Heath House in the parish of Alstonfield, Executors of this my Will hereby revoking and making void all former and other Will, or Wills, by me at any time heretofore made, and do delare this alone to be my last Will and Testament. In witness whereof I have to this my last Will set my hand and affixed my seal this fourth day of June in the year of our Lord, One Thousand Eight Hundred and Thirty Seven.
 

Signed. Sealed. Published and declared, by the said James Charlesworth the testator, as and for his last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other have here unto subscribed our names as Witnesses. George Sant Thomas Harrison Elizabeth Clowes

James Charlesworth

Proven 26th August 1837