This is the last Will and Testament of me John Rose Swindell late of
Borrowash in the County of Derby but now of the Parish of Powick in the
County of Worcester Esquire I direct that all my debts (except debts on
mortgage) funeral and testamentary expenses be paid by my Executors
hereinafter named as soon as conveniently may be after my decease out of
my Personal Estate as far as the same will extend for that purpose and I
charge my Real Estate with the payment of the deficiency (if any) I give
devise and bequeath all and singular my messuages lands tenements
hereditaments and real estate whatsoever and wheresoever situate whether
in possession reversion in remainder or expectancy or otherwise
howsoever whereof I have power to dispose unto and to the use of my
Friends James Cade of Spondon Gentleman Thomas Pearsall of the Parish of
Foremark in the County of Derby and John Harrison of the Parish of [Swel]stone
in the County of Derby Esquire their executors administrators and
assigns for and during and unto the full end and term of one thousand
years to be computed from the day next before the day of my decease and
thenceforth next ensuing and fully to be complete and ended without
impeachment of waste upon such trusts nevertheless and to and for such
intents and purposes as are hereinafter mentioned expressed or declared
of and [co….]ing the same and upon or immediately after the end
expiration or other […..] determination of the same term and in the
meantime subject thereto and to the trusts thereof I give and devise all
and singular my said messuages lands tenements hereditaments and real
Estate unto and to the use and behoof of my said wife Ann Rose Swindell
for and during the term of her natural life without impeachment of or
for any manner of waste and from and after the decease of my said wife
Ann Rose Swindell I give and devise all and singular my said messuages
lands tenements hereditaments and real Estate unto the use and behoof of
my first son already or hereafter to be born and the heirs male of the
body of such first son lawfully issuing and for default of such issue
then to the use and behoof of the second third fourth fifth and all and
every other my son and sons already or hereafter to be born severally
successively and in remainder one after another as they and every of
them shall be in seniority of age and priority of birth and of the
several and respective heirs male of the body and bodies of all and
every such son and sons lawfully issuing the older of such sons and the
heirs male of his body issuing being always to be preferred and to take
before the younger of such sons and the heirs male of his or their body
or bodies issuing and for default of such issue their to the use and
behoof of all and every my daughter and daughters as well a those
already born as hereafter to be born to be equally divided between them
share and share alike as tenants in common and not as joint tenants and
of the several and respective heirs of the body and bodies of all and
every my said daughter and daughters lawfully issuing and in case there
shall be a failure of issue of any one or more of my said daughters then
as well as to the original share or shares of as the share or shares
surviving or accruing to such last mentioned daughter or daughters and
her or their issue To the use of all and every the other of my said
daughter anddaughters equally to be divided between or amongst such
daughters if more than one share and share alike as tenants in common
and not as joint tenants and of the several and respective heirs of
their bodies respectively lawfully issuing and in case all such
daughters but one shall happen to die without issue or if there should
be but one such daughter then to the use of such surviving or only
daughter and the heirs of her body lawfully issuing and in default of
such issue To the use and behoof of my brother James Rose and the heirs
of his body lawfully issuing and for default of such issue To the use
and behoof of my brother William Rose and the heirs of his body lawfully
issuing and for default of such issue To the use and behoof of my
brother Thomas Rose and the heirs of his body lawfully issuing and for
default of such issue To the use and behoof of my brother Richard Rose
and the heirs of his body lawfully issuing and for default of such issue
To the use and behoof of my own right heirs for ever provided always and
I do hereby declare it to be my Will and mind that all and every the
person and persons who shall who shall be beneficially intitled to my
said real Estates under and by virtue of the [lim]itations aforesaid
shall and do when and so soon as conveniently may be after he and they
shall severally become intitled to the possession or be in the receipt
of the rents and profits thereof take upon himself or themselves and use
the surname of ‘Swindell’ in lieu of or in addition to his or their own
surname and shall and do within the space of two years next after he or
they shall severally become entitled as last aforesaid or as soon as
afterwards as conveniently as may be apply for and obtain Letters Patent
or take and use with means as may be requisite or proper to enable or
authorize him or them respectively to take use and bear the said name of
‘Swindell’ and as to for and concerning the said term of one thousand
years hereinbefore limited to the said James Cade Thomas Pearsall and
John Harrison their executors administrators and assigns I do declare
that the same is so limited to them upon the several trusts and to and
for the several ends intents and purposes and under and subject to the
several provisos hereinafter expressed and contained concerning the same
(that is to say) In case my eldest son for the time being shall not have
attained his age of twenty one years at the time of my decease and my
said wife Ann Rose Swindell shall be then living In trust that they the
said James Cade Thomas Pearsall and John Harrison or the survivors or
survivor of them or the executors or administrators of such survivor
shall and do by and out of the rents issues and profits of the same
messuages land tenements and hereditaments so to them limited for the
said period of one thousand years as aforesaid raise and levy and pay
out such yearly sum and sums of money for the maintenance of such eldest
son for the time being in the meantime from the day of my decease until
the day of the decease of my said wife Ann Rose Swindell if that event
shall happen before my said eldest son for the time being shall have
attained his said age of twenty one years as to the said James Cade
Thomas Pearsall and John Harrison or the survivors or survivor of them
or the executors or administrators of such survivor shall seem meet such
yearly maintenance not to exceed the sum of three hundred pounds per
annum and in case my eldest son for the time being shall have attained
his age of twenty one years at the time of my decease and my said wife
Ann Rose Swindell shall be then living or as soon as he shall have
attained that age after my decease in her lifetime as aforesaid in trust
by and out of the rents issues and profits of the said messuages lands
tenements and hereditaments (or by selling or mortgaging the same or any
part or parts thereof for all or any part of the same term to raise an
annual sum of three hundred pounds of good and lawful money of Great
Britain for and during the life of the said Ann Rose Swindell clear of
all deductions whatsoever and to pay the same by four equal quarterly
payments on the four most usual days and times (that is to say on
the twenty fifth day of March the twenty fourth day of June the twenty
ninth day of September and the twenty fifth day of December in every
year unto such eldest son for the time being or his assigns the first
payment thereof to begin and be made on such of the said days as shall
first happen after my decease in the lifetime of my said wife Ann Rose
Swindell and the attainment by my said eldest son for the time being of
his age of twenty one years and upon this further trust in case I shall
have one or more child or children other than and besides an eldest or
only son living at the time of my decease then upon trust that they the
said James Cade Thomas Pearsall and John Harrison or the survivors or
survivor of them or the executors or administrators of such survivor
shall and do by sale or mortgage of all or any part of the said messuage
lands tenements and hereditaments comprised in the said term of one
thousand years for all or any part of the said term or by and out of the
rents issues and profits of the same premises or otherwise as to them or
him in their or his discretion shall seem meet levy and raise as soon as
conveniently may be after my decease such sum and sums of money for the
portion and portions of all and every my said younger children as
hereinafter mentioned that is to say If one such younger child only then
the sum of five thousand pounds for the portion of such child If two
such younger children then the sum of six thousand pounds for the
portions of such two children and if there be three of more such younger
children then the sum of ten thousand pounds for the portions of such
three or more children such a portion or portions if there be two or
more such children to be equally divided amongst them share and share
alike and to be paid and payable to them respectively within twelve
months next after my decease in case any such younger child or children
being a son or sons shall then have attained his or their age or
respective ages of twenty one years or being a daughter or daughters
shall then have attained that age or been married but if such of my
younger sons and daughters respectively shall not then have attained
their said age or respective ages of twenty one years or been married as
aforesaid then such portion or portions to be paid and payable to them
respectively as and when they shall severally attain their said
respective ages of twenty one years or day or days of marriage which
shall first happen as aforesaid and upon this further trust that they
the said James Cade
Thomas {Pearsall and John Harrison or the survivors or survivor of
them or the executors or administrators of such survivor shall and do by
and out of the rents issues and profits of the same messuages lands
tenements and hereditaments so to them limited to the said term of one
thousand years as aforesaid raise levy and pay such yearly sum and
sums of money for the maintenance and education of my said younger
child or children in the meantime from the day of my decease until
his her or their portion or respective portions shall become payable as
aforesaid as to the said James Cade Edward Pearsall and John
Harrison or the survivors or survivor of them or the executors or admin
istratrators of such survivor shall deem meet such yearly
maintenance not
to exceed the interest of their respective portions at or after the rate
of four
pounds per centum per annum provided always that in case any of my
said younger children shall happen to die or become an eldest son and as
such entitled in possession to my said real estate or to the said
annuity of
three hundred pounds per annum under or by virtue of this my will
before his her or their portion or portions shall become payable as
aforesaid
then the portion or portions of such of them so dying or becoming an
eldest
son and intitled as aforesaid shall go and be paid unto and be equally
divided amongst the survivors or survivor others or other of them when
the
original share portion or portions of such surviving or other child or
children shall become payable as aforesaid and such benefit of survivor
ship and accruer shall extend as well to the surviving or accruing as to
the original portion or portions provided also and I do hereby will and
direct that it shall and may be lawful to and for the said James Cade
Thomas Pearsall and John Harrison and the survivors and survivor of
them and the executors or administrators of such survivor at any time or
times after my decease to levy and raise by any such ways and means as
aforesaid for any of my said younger child or children being a son or
sons for whom a portion and portions is or are hereby provided as afore-
said in part of his or their portion or portions any sum or sums of
money
not exceeding the whole for any one son a moiety or half part of
the
portion and portions to which any such son or sons shall then be
presumptively entitled under or virtue of this my Will for the
advancement and placing out in the world of any such younger son or
sons in or to any trade business or profession occupation or
the fitting or furnishing him out for or procuring him any place within
commission or establishment or otherwise for his promotion notwithstand-
ing his or their portion or portions shall not then be [vested] or
payable
and also to charge the said hereditaments and premises with the
payment of legal interest for the said sum or sums of money so to be
raised and upon this further trust that in case my said Brother
James
Rose or his issue shall become and be entitled in possession to my said
messuages lands tenements and hereditaments under or by virtue of the
limitations contained in this Will in the lifetime of my said Brother
William Rose then that they the said James Cade Thomas Pearsall
and John Harrison or the survivors or survivor of them or the
executors or administrators of such survivor do and shall by all or
any of the ways and means hereinbefore mentioned by and out of the
said messuages lands tenements and hereditaments comprized in the
said term of one thousand years or and by and out of the rents issues
and
profits thereof levy and raise the sum of two thousand pounds for the
sole use and benefits of my said Brother William Rose which said
last mentioned sum I do in such event hereby and bequeath to
him my said Brother William Rose accordingly and do direct the
same to be paid to him within twelve calendar months next after my
said Brother James Rose or his issue shall become and be so intitled in
possession to my said messuages lands tenements and hereditaments
aforesaid provided always and I do declare and direct that the [....]
and receipts of my said Trustees or the survivors or survivor of
them or
the executors or administrators of such survivor shall be a good and
sufficient discharge or discharges to ant purchaser or purchasees mort-
gagee or mortgagees of the said term of one thousand years or of the
hereditaments therein comprised or any part thereof for his her or their
purchase or mortgage money or for so much thereof as shall be therein
expressed to be received and that after such payment shall be
made [such] receipt given such purchasers or mortgagees respectively
shall not be concerned or liable to see to the application of such
purchase of mortgage monies or any part thereof respectively or be
answerable or [in..............wise] accountable for the nonapplication
or
[...]application thereof or of any part thereof respectively I give to
all
such of my domestics as shall be in my service at my decease a suit of
mourning each And as to all and singular my household furniture
farming stock and all other my Personal Estate and Effects
whatsoever and wheresoever I give the same (subject
to and charged and chargeable with the payment of my said debts
mortgage debts only excepted and which mortgage debts I will and
direct to be paid from and out of the real estate whereon the same is
or are serviced) funeral and testamentary expences as aforesaid
unto my
said wife Ann Rose Swindell her executors or administrators absolutely
for her own use and benefit and I do hereby declare it to be my Will
that in case the said James Cade Thomas Pearsall and John Harrison
or any or either of them or any future trustee or trustees to be
appointed
as hereinafter is mentioned shall die or desire to be discharged of or
from the trusts hereby in them reposed Then and in every such case
it shall and may be lawful to and for the said James Cade Thomas
Pearsall and John Harrison or the survivors or survivor of them
or the executors or administrators of such survivor and so for every or
any
future trustee or trustees to be appointed as hereinafter is mentioned
at any
time or times before the trusts hereby in them reposed shall be fully
executed and performed or discharged by any writing or writings under
[t.ar]
or his hands and seals or hand and seal to nominate substitute and
appoint any other person or persons to be a trustee or trustees upon the
trusts hereby in them reposed and for that pupose to make do and
execute all proper acts conveyances transfers assignments and assuranc
es in the Law so as loyally and effectually to vest the said trust
estates
monies and premises in such [ners] or other trustee or trustees only or
jointly with such continuing trustee or trustees as the case shall
require
upon the same trusts and for trhe same purposes as are hereinbefore
declared of and concerning the same trust estates monies and premises
respectively and which shall be then subsisting undetermined and capable
of taking effect and then in such case all and every such
new trustee or trustees shall and and may in all things act and assist
in the
management carrying on and execution of the same trusts to all intents
efforts constructions and purposes whatsoever and shall have and be
considered as vested with such and the same powers and authorities as
he or they had been originally hereby nominated trustees or trustee for
these purposes and it is my will that the same James Cade Thomas
Pearsall and John Harrison