The Will of Moses Charlesworth

This is the last Will and Testament of me Moses Charlesworth of Heath House in the Parish of Alstonfield in the County of Stafford Yeoman. I devised the free and copyhold estate to which I shall be entitled at my decease and estates vested in me as Trustee or mortgagee subject to the trusts and equities affecting the same respectively. And I bequeath the whole of my personal estate to which I shall be then entitled unto my sons James Charlesworth and Henry Charlesworth their heirs, executors, administrators and assigns respectively upon the several trusts of and concerning the same Estates respectively following namely upon trust to permit my said wife to have the personal use and enjoyment for her life of such of my household goods and furniture, plate, linen, cutlery, glass, china, earthenware and books as she shall select and shall not in the whole exceed in value the sum of One hundred and twenty pounds. And I direct that my said Trustees or Trustee shall cause an Inventory and valuation to be taken and made of the chattels, the personal use and enjoyment of which are so given to my said wife as aforesaid and two copies to be made thereof and respectively signed by my said wife and my said Trustees or Trustee before the delivery of such chattels to her, one of such copies to be delivered to her and the other to be kept by my said Trustees or Trustee. And upon further trust within Eighteen calandar months next after my decease to sell such of my said household goods and furniture, plate, linen, cutlery, glass, china, earthenware and books as shall not be selected by my said wife for her use and enjoyment as aforesaid. And also all my farming stock, implements of husbandry, farm produce, --- utensils, fixtures and the tenent right of any farm of which I may be the tenent at the time of my decease and to convert and get in all other my personal estate and as to the money to arise from such sale conversion and getting in to pay thereout my just debts, funeral and testamentary expenses and to invest the residue of the same monies (hereinafter referred to as the said trust monies) in the names or name of my said Trustees or Trustee in or upon such security or sucurities as they in their discrection may deem safe and good with power for my said Trustees or Trustee at the like discretion to difer and vary the same. And upon further trust until the sale of my real estate under the trusts of this my Will to set let and manage the same. And to pay unto my said wife as well the net income thereof as the income of the said trust monies until my son Herbert shall attain the age of twenty three years if my said wife and my last named son shall so live for the maintenance of herself and my said son Herbert and for the advancement in life of my said last named son in such way as my said wife and my said Trustees or Trustee shall think proper. And it is my will and desire that until the sale of my dwellinghouse situate in Longnor in the said County of Stafford now in the occupation of Thomas Bradbury under the trust in that behalf hereinafter declared my said wife shall have the option of residing in the said last mentioned dwellinghouse rent free but if my said wife shall during the period aforesaid prefer to reside in or upon her own house property situate in Longnor aforesaid, then I direct my said Trustees or Trustee to expend from and out of the said trust monies the sum of thirty pounds in repairing or otherwise improving that portion of my said wifes own property in which she shall so prefer to reside as aforesaid. And if and when my said son Herbert shall attain the age of twenty three years ----- or my said wife shall depart this life before he shall attain the said age then upon further trust to sell the whole of my freehold property situate in Longnor aforesaid and to pay and divide as well the net proceeds of the said sale as the said trust monies unto and among my daughter Hannah Johnson, Lavinia, Emily and Helena and my said son Herbert in equal shares. But so nevertheless that my said daughters Hannah Johnson and Lavinia shall each in respect of her share of and in the net proceeds and trust monies be paid the sum of One hundred pounds less than their sisters Emily and Helena and their brother Herbert I having already advanced to my said daughters Hannah Johnson and Lavinia the sum of One hundred pounds each which must be taken as part of their shares. Provided nevertheless and I hereby declare that if any of my said children named, Hannah Johnson, Lavinia, Emily, Helena and their brother Herbert shall die before the said period of distribution without leaving issue who shall survive that period then the share or shares as well ---- as ---- under this clause of the child or children so dying --- as to the others or other of my said last named children and my said sons James and Henry in equal shares. And upon further trust from and after my said son Herbert shall attain the age of twenty three years or in case he shall not live to attain the age then from and after his death to pay unto my said wife for and during her life the net income to be received from my real and copyhold estate situate in the Parish of Hartington Middle Quarter in the County of Derby. And from and after the decease of my said wife wherein the same shall happen before or after my said son Herbert shall attain the said age of twenty three years upon trust to sell the residue of my said real and copyhold estate. And also the chattels and effects the use and enjoyment of which in hereby given to my said wife and to pay and divide the net proceeds of the said sale unto and amongst my said children namely Hannah Johnson, Lavinia, Emily, Helena and Herbert in equal shares. Provided nevertheless and I hereby declare that if any of my said last named children shall die before the last mentioned period of distribution without leaving issue who shall survive that period then the share or shares as ---- as ---- under this clause of the child or children so dying shall go to the others or other of my last named children and my said sons James and Henry in equal shares. I appoint my said sons James Charlesworth and Henry Charlesworth to be Executors of my Will and revoke all other Wills. In witness whereof I have ---- set my hand this twenty sixth day of May one thousand eight hundred and seventy four - Moses Charlesworth.
Signed and declared by the said Moses Charlesworth the Testator as ---- 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 hereunto subscribed our names.
Witnesses William ----- solicitor, Leek
Joseph Wood ---- Longnor

PROVED at London 7th October 1881 by the oaths of James Charlesworth and Henry Charlesworth the sons the Executors to whom admon was granted.