John Leedham
I John LEEDHAM of Rosliston in the County of Derby, Farmer, hereby revoke and make void all Wills contracts and testamentory dispostions heretofore made by me and declare this only to be my last will and testament. I direct my debts and funeral and any testamentary expenses to be paid. I give devise and bequeath my brother Edward LEEDHAM of Church Gresley in the said County of Derby, Farmer, and my brother in law Henry DUMOLO of Newhall in the said County of Derby Plumber and Glazier their heirs, executors, administrators and assigns all and singular my messuages, lands, tenements, hereditaments and real estate and parts and shares of messuages, lands, tenements, hereditaments and real estate situated at Rosliston aforesaid or elsewhere and also all my household goods and furniture and utensils of household, farming stock, live and dead and implements in husbandry and all other my personal estate and effects whatsoever and wheresoever to hold the same real and personal estates unto and to the use of the said Edward LEEDHAM and Henry DUMOLO their heirs, executors and administrators upon their trusts following that is to say upon trust to permit and suffer, authorize and empower my dear wife Sarah LEEDHAM to have hold use, occupy and receive and take the rents, profits and proceeds thereof respectively for her own sole use during her life and from and immediately after her decease.
Upon further trust that they the said Edward LEEDHAM and Henry DUMOLO or the survivor of them or the heirs, executors or administrators of such survivor hereinafter called the trustees or trustee do and shall sell my
said real estate whatsoever such part of my said personal estate as shall not consist of money or securities for money either together or in parcels and by public auction, or private contract with full power to buy in and rescind and contract for sale, and to resell without responsibility for any loss occasioned thereby. And to do all acts and assurances for affectuating any such sale of my said real and personal estates as they or he shall think fit and do and shall call in and collect all such part of my said personal estate as shall consist of money or securities for money.
And so and shall by and out of the said monies to arise from the sale of my said real estate and from the sale calling in and conversion into money of such part of my said personal estate as shall not consist of money or securities for money pay my debts upon mortgage or otherwise and the expenses attending the execution of this my Will and subject there to do and shall stand and be possessed of and interested in all the residue and remainder of the said trust monies upon trust and to pay distribute and divide the same unto and amongst all and every such of my children Mary BAKER, Ann LEEDHAM, Henry LEEDHAM, William LEEDHAM, George LEEDHAM, Elizabeth LEEDHAM as shall be living at my decease and the issue of such of my children as shall be then dead and their respective executors, administrators and assignees in equal shares as tenants in common and so that such respective issue shall take the share only which his, her or their parent or perceived parents would have taken if then living
And I hereby declare that the receipts or receipt in writing of the trustees or trustee for the time being acting in the execution of the aforesaid trusts for the purchase money of premises sold or for any monies or securities which may be paid or transferred to them or him in pursuance hereof shall effectually discharge the purchaser or purchasers or other the person or persons paying or transferring the same therefrom and from being concerned to see to the application or being answerable for the misapplication is now in application thereof. I nominate and appoint the said Edward LEEDHAM and Henry DUMOLO, Executors of this my Will and I declare that the Trustees or Trustee for the time being of this my Will shall be chargeable with such monies as they or he respectively shall actually receive and shall not be answerable one for the other of them nor for any Banker or other person in whose hands any of the trust monies shall be placed nor for the insufficiency of any stocks, funds or securities nor otherwise for involuntary losses. And that the said Trustees or Trustee for the time being of this my last will may reimburse themselves or himself, out of the money’s which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts. In witness whereof I the said John LEEDHAM the testator have to this my Last Will contained in this and two proceeding sheets of paper set by hand this twenty second day of September one thousand eight hundred and sixty ______ John LEEDHAM______ Signed and acknowledged by the said John LEEDHAM the Testator as his last Will in the presence of us present at the same time and who at his request in his presence and the presence of each other have hereunto subscribe our names as Witnesses the words “or securities for money” between the fifth and sixth lines from the top of the second sheet of this my Will having been first interlined. ____David SHELLEY _____Edward TAYLOR ____ Clerks to Mr DREWRY Sol. Burton upon Trent
Proved at Derby the twenty third day of May 1865
By the oath of Edward LEEDHAM, the Brother, and
Henry DUMOLO the Executors to whom Administration
Was granted, the Testator, John LEEDHAM and late of
Rosliston in the County of Derby, Farmer and died on the
Twenty ninth day of March 1864 at Rosliston aforesaid
Effect under ₤100
Extracted by S.H.S Chism, Proctors, Derby
Transcribed
Kevin Murphy and Tricia Hughes
Interlined: Write or print between the line
Hereditament: property inherited, from hereditare, to inherit: in law, any kind of property that can be inherited, lands, tenements, anything corporeal or incorporeal, real, personal, or mixed, that may descend to an heir
Anyone with an interest in the LEEDHAM name can contact myself