The Will of John Goodall (1781 - 1863)

Transcription of the Will of John Goodall of Foremark Derbyshire who died on the 23 Feb 1863

This is the last Will and Testament of me John Goodall of Foremark in the County of Derby, Farmer, As to all my wordly Estate and effects I give and dispose thereof in manner following (that is to say.) I give and bequeath to my dear wife Mary Goodall, all her clothes and wearing apparel and such part of my household goods and furniture as she shall choose and select and as shall be sufficient to furnish one room for her own use absolutely. And whereas I have absolutely given to my sons Thomas Goodall, Henry Goodall, Edwin Goodall and William Goodall respectively their full share of my property. And I give and bequeath the possession and Tenant right of the Farms, lands, and hereditaments which I may rent at the time of my decease. And also all my stock of Cattle, Horses, Cows, sheep, Pigs, Hay. Stacks of corn, Corn in the Barn and growing straw, dung, Carts, Waggons, and Implements in husbandry of every sort cheese, and all the residue of my household goods and furniture and Beds bedding, plate Linen and china, and also all my money securities for money and personal estate and effects whatsoever and whosesoever not hereinbefore disposed of unto my sons Thomas Goodall and John Goodall their executors, administrators and assigns Upon the Trusts hereinafter declared that is to say Upon Trust that they my said sons Thomas Goodall and John Goodall or the survivor of them or the Executors, administrators or assigns of such survivor do and shall by and out of the gains and profits of the Farms which I may rent at my decease or by and out of my personal estate raise and pay unto my said wife Mary Goodall or her assigns during her life one annuity or yearly sum of Thirty pounds of lawfull money of Great Britain without any deduction by equal half yearly payments in every year the first half yearly payment thereof to be made at the end of six calendar months next, after my decease. And upon further Trust, that they my said sons, Thomas Goodall and John Goodall or the survivor of them, or their Executors, administrators or assigns of such survivor do and shall by the ways and means aforesaid raise and levy such sum and sums of money as will be sufficient to pay and discharge all my just debts and funeral and testamentary expenses and also to pay and discharge All costs and expenses attending the execution and performance of the Trusts of this my Will and do and shall apply such money so to be raised in discharge thereof accordingly And also do and shall by the ways and means aforesaid, raise and levy such further sum and sums of money as will be sufficient to pay and discharge the following legacies to the several persons hereinafter named or referred to (that is to say) To my said sons Thomas Goodall, Henry Goodall, Edwin Goodall and William Goodall the sum of Five pounds a piece of lawful money of Great Britain to whom I do give and bequeath the same To my daughter, Mary Ann Goodall (the widow of Edward Goodall) the sum of two hundred pounds of lawful money of Great Britain to whom I do give and bequeath the same To my daughter Eleanor Goodall (the wife of William Goodall) the sum of One hundred pounds of Lawful money of Great Britain to whom I do give and bequeath the same. And to the two children of my late daughter Elizabeth Lee the sum of Two hundred pounds, of lawful money of Great Britain equally to be divided between them, to whom I do give and bequeath the same and in case of the death of either of the said two children of my said late daughter under the age of twenty one years, and without leaving issue, then I give the whole of the same sum of Two hundred pounds unto the survivor of them. And I direct my Executors after the decease of my said wife to apply the interest of the said last mentioned Legacy for the maintenance and education of the Legatees thereof during their minority And I do hereby will and direct that the said several Legacies, hereinbefore given to my said children and grandchildren shall be vested and transmissible interests in the respective Legatees thereof immediately on my decease but shall not be paid or payable until after the decease of my said Wife and shall not bear interest in the meantime. And I do hereby direct, that in case my said daughter Mary Ann Goodall shall at my decease stand or be indebted to my said son Thomas Goodall in any sum of money it shall be lawful for my said son Thomas Goodall and I do hereby empower him him to retain the same out of the Legacy hereinbefore given or directed to be paid to my said daughter Mary Ann Goodall, when the same Legacy shall become payable. And subject and without prejudice to the trusts intents and purposes hereinbefore declared concerning my personal estates and effects and to the payment of the said annuity of Thirty pounds to my said wife during her life and to the payment of the legacies hereinbefore bequeathed, I do hereby will and direct that my said sons Thomas Goodall and (John) Goodall and the survivor of them and the executors, administrators and assigns of such survivor shall and do stand possessed of all my said personal estate and effects and trust premises hereinbefore given and bequeathed to them. In trust for my said son John Goodall his executors administrators and assigns, absolutely for his and their own use. And I do hereby appoint my said sons Thomas Goodall and John Goodall Executors of this my last Will and Testament And I do hereby declare that the Trustees and Executors of this my Will shall not be answerable for each others acts or receipts nor for losses happening without their own respective default and shall be at liberty to retain and allow to each other all expenses incidental to the execution of the Trusts and powers of his my Will. And lastly I do hereby revoke all former and other will and wills by me at any time heretofore made and declare this only to be my last Will and Testament In witness whereof I the said John Goodall the Testator have to this my last Will and Testament set my hand this first day of May in the year of our Lord One thousand eight hundred and fifty four.   John Goodall.
Signed and declared by the above named John Goodall the Testator as and for his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses thereto.
Thos. Myatt

Ann Myatt.

14 folios

On the twenty ninth day of April 1863 the Will of John Goodall late of Foremark in the County of Derby Farmer deceased was proved by the oath of John Goodall, the son of the said deceased one of the Executors named in the said Will having been first sworn duly to administer. Thomas Goodall the son also of the said deceased the other Executor, and Residuary Legatee in Trust named in the said Will having renounced the Probate and execution thereof as also the Letters of Administration with the said Will annexed of the personal estate and effects of the said deceased.
Effects under £2000
Probate extracted by
William Taylor Prince, Solicitor, Burton upon Trent

I certify the foregoing to be a true copy this 7th day of May 1863.
(Indecipherable rubber stamp)
(Indecipherable signature)