WILL OF ROBERT SPENDLOVE
Probate 1834
Transcribed from Original located in Lichfield Joint Records Office

By Cathryn Bower



This is the last Will and Testament of me Robert Spendlove of Shottle in the County of Derby Gentleman made the Seventh day of May one thousand eight hundred and thirty three First I will and direct that all my just debts funeral and testamentary Expences be fully paid and discharged by my Executors hereinafter named as soon as conveniently may be after my decease I give and bequeath all my household Goods and Furniture plate linen and china situate in the Dwellinghouse I now occupy unto my Dear Wife Jane Spendlove for her own absolute use and benefit And I give and bequeath all my Monies and securities for Money and all other my personal Estate and effects whatsoever and wheresoever (not hereinbefore disposed of) (including the share or proportion of the Money to arise from the sale after the decease of my Daughter Phebe of the lands hereinafter called Kniveton Hills bequeathed to my late Daughter Elnor Spendlove by my late Fatherís Will and to which share or proportion I am now entitled as the next of kin of my said late Daughter) unto my son Gervase Spendlove and my Friend John Frost of Belper Bridge Farmer and the survivor of them and the heirs Executors administrators and assigns of such survivor Upon the trusts following that is to say Upon trust to lay out and invest the same upon Government or real Securities at interest and to vary alter and transpose the same for others of a like nature as often as shall be thought expedient and to receive the dividends interest and annual produce of such trust Monies when and as they shall become due and payable and pay and apply the same unto and for the sole use and benefit of my Wife Jane Spendlove and her assigns for and during the term of her natural life And I give and devise unto my said Wife Jane and her assigns for and during the term of her natural life all that my undivided third part or share of and in all those two Messuages Dwellinghouses or Tenements outbuildings and several closes pieces or parcels of Land situate at or near Park Lane Head in the parish of Southwingfield in the County of Derby now in the occupation of Samuel Tomlinson together with all the rights members and appurtenances to the same belonging And from and after my said Wifeís decease I give and devise the said undivided third part or share of and in the said hereditaments and premises unto my said son Gervase Spendlove his heirs and assigns for ever he or they paying thereout within twelve months next after the decease of my said Wife the sum of Three hundred Pounds unto my son Isaac Spendlove and which I give and bequeath to him accordingly And I give and devise all that my Copyhold Estate situate at Bonsal in the said County of Derby called the Nether Crofts now in the tenure or occupation of John Marsh or his undertenants with all and singular the rights members and appurtenances to the same belonging And also all that piece of Freehold Land situate at Ashleyhay in the said County of Derby known by the name of the Corner Piece and likewise the two closes called the Rose and long Rose situate at Kniveton in the said County of Derby in the occupation of William Wain unto my said son Gervase Spendlove his heirs and assigns for ever And I give devise and bequeath unto my said son Gervase Spendlove and the said John Frost and the survivor of them and the heirs executors administrators and assigns of such survivor All that Messuage dwellinghouse or Tenement with the outbuildings several closed pieces or parcels of Land situate at Ashleyhay aforesaid now in the tenure holding or occupation of my son John Spendlove together with all and every the rights members and appurtenances thereto belonging Upon trust that they or the survivor of them his heirs executors or administrators do and shall permit and suffer my said son John Spendlove and his assigns to have hold use occupy possess and enjoy and also receive and take the rent issues and profits thereof for his own use and benefit for and during the term of his natural life Upon further trust that they my said Trustees or the survivor of them or the heirs executors administrators or assigns of such survivor do and shall as soon as conveniently may be after his decease sell and absolutely dispose of the same either together or in parcels by public auction or private contract as they or he shall deem most advantageous and for the most Money that can be reasonably gotten for the same and do and shall for that purpose make and execute all conveyances surrenders and assurances for conveying and assuring the said hereditaments and premises to the purchaser or purchasers thereof And I do hereby declare that the receipt or receipts of the said Gervase Spendlove and John Frost or the survivor of them his heirs or assigns under their or his hands or hand shall be a sufficient discharge and sufficient discharges to the purchaser or purchasers of the said hereditaments hereby directed to be sold as aforesaid and to his her or their heirs and assigns for so much of the purchase Money as in such receipt or receipts shall be expressed or acknowledged to be received and that after such receipt or receipts shall have been so given as aforesaid such purchaser or purchasers his her or their heirs or assigns shall be absolutely discharged from such purchase money and shall not be answerable or accountable for any loss misapplication or non-application thereof And my will is and I do hereby further direct that the said Gervase Spendlove and John Frost and the survivor of them and the heirs and assigns of such survivor shall stand and be possessed of the Monies to arise and be produced from such sale or sales as aforesaid Upon trust that they or he do and shall (after payment of all expences attending to such sale or sales) pay and divide the same unto and equally amongst all and every the children of my said son John Spendlove lawfully begotten or to be begotten share and share alike to be payable to them as they shall respectively attain his her or their Age or respective Ages of twenty one years Provided always and I do hereby declare my Will to be that if any of such children shall depart this life before he she or they shall attain his her or their Age or respective Ages of twenty one years without leaving lawful issue of his her or their Body or respective Bodies living at the time of his her or their death or respective deaths or born in due time afterwards the share or shares as well accruing as original of him her or their so dying under age and without Issue shall go and accrue to the survivors or survivor or others or other of such children and the Issue of any other of such children who shall have previously departed this life leaving lawful Issue in equal shares if more than one the Issue of any deceased child to take the same share only as the Parent would have taken and to acquire a vested interest therein at the same time as the Parent would have done if living Provided also and I do hereby declare that during the Minorities of the said children of the said John Spendlove the interest dividends and proceeds of their respective shares of the Monies arising from such Sale or Sales as aforesaid shall be applied in and for the maintenance education and bringing up or otherwise for the use benefit and advantage of such children respectively in such manner as my Trustees for the time being shall think most beneficial until they shall respectively attain the Age of twenty one years I give devise and bequeath unto my son Isaac Spendlove All that Messuage Dwellinghouse or Tenement with the outbuildings and the several closes pieces or parcels of Land situate at Kniveton aforesaid now in the tenure or occupation of Zaccheus Stafford together with all and every the rights members and appurtenances to the same belonging To hold the same unto my said son Isaac Spendlove his heirs and assigns for ever but subject and chargeable nevertheless to and with the payment of a yearly rent charge or annuity of twenty Eight Pounds by me hereinafter given to the said Gervase Spendlove and John Frost Upon trust to be applied for and towards the maintenance and support of my daughter Phebe Spendlove I give and bequeath unto the said Gervase Spendlove and John Frost and the Trustees for the time being under this my Will during the life of my Daughter Phebe Spendlove one Annuity or clear rent charge or sum of Twenty Eight Pounds free from all deductions whatsoever to be issuing and payable out of the said Messuages or tenement lands hereditaments and premises so devised to my said son Isaac as aforesaid and to be paid and payable by equal half yearly payments at and upon the twenty fifth day of March and the twenty ninth day of September in each and every year the first payment thereof to commence and be made on such of the said days as shall first and next happen after my decease And I do hereby subject and charge the said Messuage Lands and premises with the payment of the said Rent charge or annuity accordingly And my will is that in case the said Annuity or any part thereof shall be in arrear for the space of twenty eight days next after any or either of the said days whereon the same ought to be paid as aforesaid it shall and may be lawful for the said Gervase Spendlove and John Frost or the Trustees or Trustee for the time being under this my Will to enter upon the said premises charged with the said Annuity as aforesaid and distrain for the same or for so much thereof as shall be in arrear and the distress and distresses then and there found to take lead drive and carry away and to impound detain or otherwise sell and dispose of the same until thereby or otherwise they shall be lawfully satisfied such Annuity or so much thereof as shall be in arrear together with all costs charges and expences which shall be occasioned by such entry distress and sale Also I give and devise unto the said Gervase Spendlove and John Frost and the Trustees for the time being under this my Will during the life of my said Daughter Phebe Upon trust for the benefit of her my Daughter Phebe Spendlove as hereinafter mentioned All such Estate right and interest as I possess or am entitled to during her life by virtue of the Will of my late Father in and to certain lands at Kniveton aforesaid called Kniveton Hills now in possession of William Wain and out of which said lands an Annuity of Thirty Pounds is given to my said Daughter by my Fatherís said Will And my Will is and I do hereby direct that the said Gervase Spendlove and John Frost and the Trustees for the time being under this my Will shall stand and be possessed of and interested in the said Annuity of Twenty Eight Pounds as aforesaid and my right and interest in the said lands called Kniveton Hills so given and devised to them as aforesaid Upon trust to apply the same for and towards the maintenance and support of my said Daughter Phebe Spendlove for and during the term of her natural life And I give devise and bequeath unto my said dear Wife and her assigns for and during the term of her natural life All those several closes pieces or parcels of land situate lying and being at Kniveton aforesaid called by the name of the White Lands and Ryes now also in the tenure or occupation of William Wain together with all and every the rights members and appurtenances to the same belonging And from and immediately after the decease of my said Wife I give and devise the same lands and premises unto the said Gervase Spendlove and John Frost and the survivor of them and the heirs and assigns of such survivor Upon trust that they do and shall permit and suffer my son Robert and his assigns to have hold use occupy possess and enjoy and also receive and take the rents issues and profits thereof for his and their own use and benefit during the term of his natural life and Upon further trust that they my said Trustees for the time being do and shall as soon as conveniently may be after his decease sell and absolutely dispose of the same either together or in parcels by public auction or private contract as they or he shall deem most advantageous and for the most Money that can be reasonably gotten for the same and do and shall for that purpose make and execute all conveyances and assurances for conveying and assuring the said hereditaments and premises to the purchaser or purchasers thereof And I do hereby declare that the receipt or receipts of the said Gervase Spendlove and John Frost or the Trustees for the time being of this my Will under their or his hands or hand shall be a sufficient discharge and sufficient discharges to the purchaser or purchasers of the said hereditaments hereby directed to be sold as aforesaid and to his her or their heirs and assigns for so much of the purchase Money as in such receipt or receipts shall be expressed to be received and that after such receipt or receipts shall have been so given as aforesaid such purchaser or purchasers his her and their heirs and assigns shall be absolutely discharged from such purchase Money and shall not be answerable or accountable for any loss misapplication or none application thereof and my Will is and I do hereby further direct that the said Gervase Spendlove and John Frost and the Trustees for the time being under this my Will shall stand and be possessed of the Monies to arise and be produced from such sale or sales as aforesaid Upon trust that they or he do and shall (after payment of all expences attending such sale or sales) pay and divide the same unto and equally amongst all and every the child and children of my said son Robert Spendlove lawfully begotten or to be begotten share and share alike to be payable to him or them as they respectively shall attain the Age of twenty one years Provided always and I do hereby declare my Will to be that if any of such children shall depart this life before he she or they shall attain his her or their Age or respective Ages of twenty one years without leaving lawful issue of his her or their Body or Bodies living at the time of his her or their death or deaths or born in due time afterwards the share or shares as well original as accruing of him her or their so dying under Age and without issue shall go and accrue to the survivors or survivor or others or other of such children and the issue of any other of such children who shall have previously departed this life leaving lawful issue in equal shares if more than one the issue of any deceased child to take the same share only as the Parent would have taken and to acquire a vested interest therein at the same time the parent would have done if living Provided also and I do hereby declare that during the minorities of the said children of the said Robert Spendlove the interest dividends and proceeds of their respective shares of the Monies arising from such sale or sales as aforesaid shall be applied in and for the maintenance education and bringing up or otherwise for the use benefit and advantage of such children respectively in such manner as my said Trustees shall think most beneficial and advantageous until they shall respectively attain the Age of twenty one years Provided also and my Will further is that in case the survivor of the children of my said son Robert Spendlove shall depart this life before he or she shall attain his or her age of twenty one years without leaving lawful issue of his or her body living at the time of his or her death or born in due time afterwards then I will and direct that they my Trustees for the time being shall stand and be possessed of the Monies to arise and be produced from such sale or sales as aforesaid Upon trust that they or he do and shall (after payment of all expences attending such sale or sales) pay and divide the same unto and equally amongst my said sons Gervase Spendlove John Spendlove and Isaac Spendlove share and share alike and to the issue of such of my said sons who shall have previously departed this life leaving lawful issue in equal shares if more than one the issue of such of my said last mentioned sons to take the same share only as the parent would have taken and to acquire a vested interest therein at the sametime as the parent would have done if living And I give and bequeath unto my son Gervase Spendlove the sum of Two hundred and ten Pounds and to the said John Frost the sum of Ten Pounds to be paid by and out of my personal Estate within twelve months after my decease And I give and bequeath unto Robert and Joseph sons of my said son Gervase Sepndlove the sum of one hundred Pounds each and to Isaac and Richard sons of my said son Isaac Spendlove the sum of one hundred Pounds each and to Robert one of the sons of my said son John Spendlove the sum of one hundred Pounds and to Mary Spendlove Daughter of my said son Robert the sum of one hundred Pounds all which said last mentioned Legacies I direct my Executors to pay within twelve months next after the decease of my said Wife by and out of my personal Estate And after payment of my Debts and the several Legacies hereinbefore mentioned I give and bequeath all the rest and residue of my personal Estate (not hereinbefore absolutely disposed of) unto my said son Gervase for his own sole absolute use and benefit Provided and I do hereby declare that the Provision hereinbefore by me made for my said Wife shall be accepted and taken by her in lieu bar and full satisfaction and compensation of and for all dower thirds and freebench which she can or may claim challenge or demand or become or be entitled to out of my real Estate or any part thereof And whereas I am or may be seized or possessed of Estates lands tenements and hereditaments as Mortgagee in fee thereof or as Trustee thereof for other persons and not in my own right absolutely Now in order to facilitate the rec----------- (recognizance?) and transfer of any Mortgages in fee and the execution of any trusts so vested in me I hereby give and devise all Estates lands tenements and hereditaments whereof I am or may be seized or possessed as Mortgagee in fee or trustee as aforesaid and all my Title and interest therein unto the said Gervase Spendlove and John Frost their heirs and assigns Upon trust and to the intent that they or the survivor of them his heirs or assigns do and shall convey transfer or assume? order and direct the same respective Estates lands tenements and hereditaments unto such person or persons for such Estate or Estates uses ends intents and purposes and in such and the like manner as I should might or could in case I had been living and should have been bound or required or ought to have conveyed assigned transferred and disposed of the same And I do hereby nominate constitute and appoint the said Gervase Spendlove and John Frost Executors of this my Will Provided and my Will is, that if the said Gervase Spendlove or John Frost or their heirs executors administrators or assigns or any trustees or trustee to be appointed in the stead or place of either of them as hereinafter is mentioned shall die or be desirous of being discharged from or refuse or decline to act or become incapable of acting in the trusts of this my will before the same shall have been fully executed performed or discharged, then and in such case and so often as the same shall happen it shall and may be lawful for the survivor of them my trustees or for the person or persons who for the time being shall be my heir at law if such person or persons shall be of full age, and if not then for the guardian or guardians of such person or persons by any writing or writings under their his or her hands and seals or hand and seal to nominate substitute and appoint any other person or persons to be a trustee or trustees in the stead or place of him or them so dying, or desiring to be discharged or refusing or declining to act or becoming incapable of acting as aforesaid and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid all the trust estates and premises which shall then be vested in the trustee or trustees so dying or desiring to be discharged or refusing or declining to act or becoming incapable of acting as aforesaid, either solely or jointly with the other trustee or trustees shall be thereupon with convenient speed conveyed assigned and transferred in such sort and manner, and so that the same shall and may be legally and effectually vested in the surviving or continuing trustee or trustees of the same trust estates and premises respectively, and such new or other trustee or trustees, or if there shall be no continuing trustee or trustees of the same trust estates and premises then and in such new trustee only upon the same trusts as are hereinbefore declared or expressed of or concerning the same trust estates and premises respectively, the trustee or trustees whereof shall so die or be desirous of being discharged or refuse or decline to act or be incapable of acting as aforesaid or such of them as shall be then subsisting or capable of taking effect. And my further will is, that all and every such new trustee or trustees shall or may in all things act and assist in the management carrying on and executing of the trusts to which he shall be so appointed, in conjunction with the other then surviving or continuing trustees or trustee of the same trust estates and premises if there shall be any such continuing trustees or trustee, and if not then by himself or themselves respectively as fully and effectually and with all the same power and powers authority and authorities of consent and approbation, discretion, selling, conveying, calling in, laying out and investing, giving and signing receipts indemnifications and discharges to purchasers and others of all other powers and authorities whatsoever, as if he or they had been originally in and by this my will nominated a trustee or the trustees for the purposes for which such new trustee or trustees respectively shall be appointed trustee or trustees -as the trustee or trustees named in this my will his or their heirs executors administrators or assigns, in or to whose place such new trustee or trustees shall respectively come or succeed, are, or is enabled to do, or could or might have done under and by virtue of this my will, if then living and continuing to act in the trusts hereby reposed in him or them, anything hereinbefore contained to the contrary thereof in any wise notwithstanding. And my further will is that the several trustees hereby appointed or to be appointed in pursuance of this my will or any of the heirs executors administrators or assigns of them or any of them shall not be charged or chargeable with any more of the said trust monies and premises than they respectively shall actually receive and that one of them shall not be answerable or accountable for the others or other of them, or for the acts receipts neglects or defaults of the others or other of them but each one for his own acts receipts neglects or defaults only, nor shall they either or any of them be answerable or accountable for any banker broker or other person with whom any of the said trust monies may be -------------------------------------------------------execution of the said trusts, nor for the insufficiency or deficiency of any stocks funds or securities in or upon which any of the said trust monies may be invested in pursuance and in conformity to this my will, or for any other misfortune, loss or damage, which may happen in the execution of the aforesaid trusts or otherwise in relation thereto unless the same shall happen by or through their own wilful defaults respectively. And also that they the said several trustees so appointed or to be appointed shall and may, by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid retain to and reimburse himself and themselves and allow to his and their co trustee and co trustees all costs charges and expences which they or any of them may respectively sustain or expend or be put unto in or about the execution of the trusts aforesaid or in any matter relating thereto. And lastly I do hereby revoke all former wills by me at any time heretofore made, and declare this only to be my last will and testament. In Witness whereof I have to the first Nine sheets of this my Will (the whole whereof is contained on ten sheets of Paper) set my hand and to this tenth and last sheet thereof have set my hand and seal the day and year first above written

The mark and seal of Robert Spendlove

Signed sealed published and declared by the said Robert

Spendlove as and for his last Will and testament in the presence

of us who at his request in his presence and in the presence

each other have subscribed our names as witnesses

Sd.? Hubbersly Solr. Wirksworth: Hannah Rowland - 10 Servt.? To Mr. Spendlove

George Spendlove - of Shottle Farmer