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Will of Joseph NORTON, Cauldwell, Derbyshire: 1835

Probate granted 14 November 1845, Lichfield

Appeared personally William NORTON of Cauldwell in the Parish of Stapenhill in the County of Derby, Baker, one of the Executors named in the last Will & Testament of the said Joseph NORTON, late of the Parish of Stapenhill, gardener, who died on or about the 29th March 1837 - Sworn 14 Nov 1845: William NORTON

This is the last Will and Testament of me Joseph NORTON of Cauldwell in the Parish of Stapenhill in the County of Derby Gardener I direct all my just debts Funeral & Testamentary expenses to be fully paid and satisfied as soon as conveniently may be after my decease and I charge all my real and personal Estates with the payment thereof and subject thereto

I give devise and bequeath all my Messuages Lands Tenements heriditaments and Real Estate (except the Bakehouse hereinafter devised by me to my son William NORTON) and also all my leasehold Messuages Lands & Tenements and also all my Goods Chattels Credits and other Personal Estate & effects of what nature or kind soever unto my dear wife Ann NORTON for her natural life without impeachment of waste

And from and after her decease I give and bequeath my said Goods Chattels and Personal Estate unto my children namely Joseph NORTON     John NORTON     William NORTON     Thomas NORTON     George NORTON     Ann NUTT     Rebecca WATSON     &    Martha LOVATT equally to be divided between & amongst them share and share alike as Tenants in Common and not as Joint Tenants with such and the like proviso and direction in favour of their issue and with such benefit of survivorship as are hereinafter contained with respect to the monies produced by the sales of my real and leasehold Estates

And from and after the decease of my said wife I give devise and bequeath all those five freehold dwelling-houses or Tenements situate in Burton upon Trent in the County of Stafford four of which are in the several occupations of Joseph APPLEBY, Thomas BROSTER, Elizabeth HAMBLETON, & Joseph DORMAN (the other being unoccupied) with the gardens now occupied therewith And also all those my two leasehold Dwellinghouses or Tenements adjoining the above Freehold Dwellinghouses and in the several occupations of Thomas HARRARD & Mrs BURTON with the gardens now occupied therewith And also all that plot of Land allotted me under the Burton Inclosure Act situate on the Goosemoor in the township of Burton upon Trent together with all rights members & appurtenances to the said hereditaments and premises respectively belonging - unto my sons George NORTON & William NORTON their Heirs Executors Administrators & Assigns according to the nature and tenure of the same premises upon trust that they the said George NORTON & William NORTON or the survivor of them his Heirs Executors Administrators & Assigns do and shall in the first place offer the same Freehold & Leasehold Premises for sale unto my said son Thomas NORTON and if he should be willing to purchase the same or any part thereof then I direct that the price of the Premises which he shall be willing to purchase shall be left to two respectable and disinterested Persons to be appointed in writing one by my said sons George NORTON & William NORTON or the survivor of them his Heirs Executors Administrators & Assigns and the other by my said son Thomas NORTON and if the said two referees shall not agree as to the price of the Premises referred to them within one calendar month from their Appointment then such price shall be left to an Umpire to be appointed by the said two referees

And in case my said son Thomas NORTON shall purchase the said Premises or any part thereof they my said Trustees George NORTON & William NORTON and the survivor of them and the Heirs Executors Administrators & Assigns of such survivor shall have the powers rights & privileges for perfecting the same purchase and shall stand possessed of the monies arriving therefrom upon the Trusts hereinafter mentioned & contained But in case my said son Thomas NORTON shall refuse or decline to purchase the said Premises so directed to be offered to him or any part thereof or shall refuse or neglect to appoint his referee after fourteen days' previous notice in writing for that purpose given to him by my said Trustees George NORTON & William NORTON or the survivor of them his Heirs Executors Administrators or Assigns Then I direct that my said Trustees George NORTON & William NORTON or the survivor of them or the Heirs Executors Administrators or Assigns of such survivor shall sell the said Dwellinghouses or Tenements, Land & hereditaments devised & bequeathed to them upon Trust as aforesaid or so much and such part thereof as my said son Thomas NORTON shall refuse or decline to purchase and also such part thereof respecting the price of which he shall refuse or neglect to appoint his referee after Notice as Aforesaid by Public Auction or private contract in one lot or in several parcels for such price or prices as to them or him shall seem reasonable and with full power and authority to purchase in the same at any Publice Auction without liability for any loss which may be occasioned thereby

And my will is that the said George NORTON & William NORTON and the survivor of them and the Heirs Executors Administrators & Assigns of such survivor shall stand and be possessed of and interested in the money arising from such sale or sales aforesaid in Trust for all and every my said Children equally to be divided between & amongst them share and share alike as Tenants in Common and not as Joint Tenants

And I further declare my will and mind to be that it should be lawful for the said George NORTON & William NORTON and the survivor of them and the Heirs Executors Administrators & Assigns of such survivor to sign and give a receipt or receipts in writing for the money arising from the said Sale or Sales and that such receipt or receipts shall effectually discharge the Person or Persons to whom the same shall be given from the money therein mentioned and acknowledged to be received and from being answerable for the misapplication thereof

And from and after the decease of my said wife I give and devise my said freehold Messuages or Tenement situate in Cauldwell aforesaid with the Garden Rights Members and Appurtenances thereunto adjoining and belonging and all other hereditaments situate at Cauldwell aforesaid (except the said Bakehouse hereinafter devised to my said son William NORTON) unto my sons George NORTON and Thomas NORTON their Heirs Executors Administrators & Assigns upon Trust that they or the survivor of them his Heirs or Assigns do and shall in the first place after my said Dwellinghouse or Tenement Garden hereditaments and premises at Cauldwell aforesaid for sale unto my son the said William NORTON and if he shall be willing to purchase the same then I direct that the price thereof shall be left to two respectable and disinterested Persons to be appointed in writing one by my said sons George NORTON & Thomas NORTON or the survivor of them his Heirs or Assigns and the other by my said son William NORTON and if the said last two mentioned referees shall not agree as to the price of the Premises referred to them within one calendar month from their Appointment then such price shall be left to an Umpire to be appointed by the said two referees

And in case my said son William NORTON shall purchase my said hereditaments situate at Cauldwell aforesaid they my said sons George NORTON & Thomas NORTON and the survivors of them and the Heirs Executors Administrators & Assigns of such survivor shall have the powers rights & privileges for perfecting the same purchase and shall stand possessed of the monies arriving therefrom upon the Trusts hereinafter mentioned & contained on the Power of Sale hereinafter described and contained But in case my said son William NORTON shall refuse or decline to purchase the Premises hereinbefore directed to be offered to him or shall refuse or neglect to appoint his referee after fourteen days' previous notice in writing for that purpose given to him by my said sons George NORTON & Thomas NORTON or the survivor of them his Heirs Executors Administrators or Assigns Then I direct that they my said Trustees George NORTON & Thomas NORTON or the survivor of them his Heirs or Assigns shall sell the said Dwellinghouse or Tenement Garden hereditaments and premises situate at Cauldwell aforesaid by Public Auction or Private Contract in one lot or in several parcels for such price or prices as to them or him shall seem reasonable and with full power and authority to purchase in the same at any Publice Auction without liability for any loss which may be occasioned thereby

And my will is that the said George NORTON & Thomas NORTON and the survivor of them and the Heirs Executors Administrators & Assigns of such survivor shall stand and be possessed of and interested in the money arising from such sale or sales as aforesaid in Trust for all and every my said Children Joseph NORTON     John NORTON     William NORTON     Thomas NORTON     George NORTON     Ann NUTT     Rebecca WATSON     &    Martha LOVATT to be divided between & amongst my said children in equal shares as Tenants in Common and not as Joint Tenants

And I further declare my will and mind to be that it should be lawful for the said George NORTON & Thomas NORTON and the survivor of them and the Heirs & Assigns of such survivor to sign and give a receipt or receipts in writing for the money arising from the said Sale or Sales and that such receipt or receipts shall effectually discharge the Person or Persons to whom the same shall be given from the money therein mentioned and acknowledged to be received and from being answerable for the misapplication or bound to see to the application thereof ~ PROVIDED ALWAYS

And I do hereby direct that in case of the death of my said children or any of them in my lifetime leaving lawful issue living at my decease then the share or shares of and in the monies arising from all the Sales hereinbefore by me directed to be made of my said Real and Leasehold Estates and of and in my said goods chattels and Personal Estate to which he she or they so dying would if living have been entitled to under this my Will shall go and be paid to his her or their own issue respectively but in case of the death in my lifetime of any of them my said children without leaving lawful issue living at my decease then the share or shares of and in the said monies goods chattels and Personal Estate to which he she or they so dying would if living have been entitled to (whether original or derivative under this proviso) shall go and be paid to the survivor of them my said children share and share alike as Tenants in Common Whereas the Bakehouse situate at the bottom of my said Garden at Cauldwell aforesaid was built by my son William NORTON Now I do hereby give devise and confirm the said Bakehouse with its appurtenances unto my son William NORTON his Heirs & Assigns for ever

And I further direct that after the decease of my said wife in case my said son William NORTON shall refuse or decline to purchase the premises hereinbefore directed to be offered to him then he shall have so many square yards not exceeding Five Hundred of my said Garden situate at Cauldwell aforesaid as he shall choose paying to my said sons George NORTON & Thomas NORTON or the survivor of them his Heirs Assigns the sum of one shilling per square yard for the same which money shall be divided amongst my said children in the same manner with such and the like proviso and direction in favour of their issue and with such benefit of survivorship as are hereinbefore contained with respect to the monies produced by the sales of my before mentioned Estates And the receipt of my said sons George NORTON & Thomas NORTON or the survivor of his Heirs or Assigns for such money shall be a sufficient discharge to the said William NORTON for the same

I do hereby nominate and appoint my sons George NORTON & William NORTON Executors of this my Will PROVIDED ALSO and I do hereby expressly declare that my said Trustees George NORTON William NORTON & Thomas NORTON and the survivors of them and the Heirs Executors Administrators & Assigns of such survivors respectively shall be charged and chargeable respectively for such monies only as they respectively shall actually receive And any one or more of them shall not be answerable or accountable for the others or other or for involuntary losses AND ALSO that it shall and may be lawful for my said Trustees and the survivors of them and the Heirs Executors Administrators & Assigns of such survivors respectively with and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid to retain to Reimburse themselves and also to allow their respective cotrustees or cotrustee all costs charges damages and expenses which they respectively shall or may sustain expend or be put unto in or about the execution of the aforesaid Trusts or in relation thereunto

In Witness whereof I the said Joseph NORTON the Testator have to this my last Will and Testament contained on seven sheets of paper set and subscribed my hand and seal (that is to say) to the six preceeding sheets thereof my hand only and to this seventh and last sheet thereof my hand and seal this sixteenth day of June one thousand eight hundred and thirty-five

Signed Sealed Published & Declared by the said Joseph NORTON the Testator as and for his last Will and Testament in the Presence of us who at his request and in the Presence of each other have hereunto subscribed our names as Witnesses the word Derby near the top of the first sheet having been first written on an erasure the words the survivor of near the bottom of the second sheet having been first interlined the word NORTON in the tenth line of the third sheet and the word other near the bottom of the same sheet having been first interlined and the word Thomas near the middle of the fourth sheet having been first written on an erasure

Signed:  Joseph NORTON

Witnesses:   James FLETCHER     Thomas FLETCHER     John BURTON

Testator died 29 March 1837

At Lichfield 14 Nov 1845: Let a Probate of this Will be made to William NORTON one of the Executors received therein reserving a power for George NORTON the other Executor to Prove in like manner He being first duly sworn as also that the Personal Estate will not amount in value to the sum of £20    Before me

Signed: Joseph TAYLOR Surrogate

Source: Lichfield Original Wills, 1845


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