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The Will of Richard Mountney proved 1870

Transcribed by Frank Dunn

The Will of Richard Mountney proved 1870

Frank has found the following in IGI records

Richard Mountney marries Amy Price 16 June 1828 at Alton Staffs
John Mountney bapt. 23 May 1829 at Doveridge Father Richard Mother Amy
Lydia Mountney bapt 11 may 1830 at Doveridge Father Richard mother Amy
Caroline Mountney bapt 19 April 1832 at Doveridge  (Parents not shown)
(marriage not shown)
married Anthony Salt
Elizabeth Mountney bapt 5 Jan 1834 at Doveridge Father Richard mother Amy
married Ralph Bullock 22 August 1855 at Sudbury

From 1881 Census
Derby Road Uttoxeter
John Mountney Head Married age 51 Doveridge Late farmer
Mary Mountney wife age 47 Ipstones
Lizzie Mountney daur 14 Doveridge (bapt 28 July 1867 IGI)
Annie Mountney daur 10 Doveridge (bapt 31 Oct 1869 IGI)
Rosena Mountney daur 8 Somerset
Dryden Mountney son 7 Somerset   ( I cannot find these last 2 on IGI)

Also on 1881 census are the following, both with Doveridge as place of birth
but not in IGI
Arthur Mountney U age 19 Farm servant
Francis C Mountney U age 22 Trooper Life Guards

This is the last Will and Testament of me Richard Mountney of Somersal in
the County of Derby, Farmer.
1. I appoint my friend Richard Hardy of Marchington and my Son in law Ralph
Bullock of Coton both in the County of Stafford to be Trustees and Executors
of this my Will.
2, I direct all my just debts, Funeral and testamentary expenses to be
discharged by my Executors as soon as conveniently may be after my death.
3. I direct my Executors to convert my personal estate of every description
into Cash after my death as it can be conveniently done and after paying
there out my debts, funeral and testamentary expenses and the retaining One
thousand pounds for my daughter Caroline Salt and her children as after
mentioned to pay One thousand pounds to my daughter Elizabeth Bullock which
I bequeath to her for her own use and to pay the balance to my Son John
Mountney whom I make my residuary Legatee.
4. I request my Trustees to invest the sum of One thousand pounds which I
have above directed them to retain in their own names on Mortgage of
Freehold Estate in England or on other good security and to pay the annual
income arising therefrom half yearly (calculating from the date of my death)
to my daughter Caroline the Wife of Anthony Salt for her sole and separate
use for her life as an unalienable provision for her free from the control
debts or entanglements of her present or any future husband. And I declare
that her receipts alone given as and when such half yearly payments shall
become due shall be sufficient discharges to my trustees for the same. And
in case my said daughter Caroline Salt shall at anytime forestall allow or
encumber the provision hereby made for her or attempt to do so then I direct
my said trustees thenceforth during the remainder of the natural life of my
said daughter to apply such income for the benefit of her children as if she
had been actually dead and after the death of my said daughter Caroline Salt
I bequeath the said principal sum of One thousand pounds to such of her
children and whether born during my lifetime or after my death as shall
attain the age of twenty one years or shall die under that age leaving
lawful issue him her or them receiving in equal shares and I direct that the
interest thereof shall be applied generally for the benefit of such children
until the youngest survivor of them shall have attained the age of twenty
one years and in such manner as my trustees shall think fit but if no
children or issue of my said daughter Caroline shall live to become entitled
to the said sum of One thousand pounds then I bequeath the same after the
failure thereof unto my said son John Mountney and my said daughter
Elizabeth Bullock or if they or either of them shall be dead at the time of
such failure to their respective personal representatives in equal shares.
5. I do not intend to leave my daughter Lydia anything.
6. I devise the land at Tutbury in the County of Stafford which I bought
from Mr. Webb unto my daughter the said Elizabeth Bullock for her sole and
separate use and after her death unto the said Ralph Bullock if he shall
survive her for his life and on the death of the survivor of them to the
trustees for the time being of my Will upon trust that they or the survivor
of them do and shall sell the same and either together or in parcels and by
public auction or private contract at such time and place subject to such
stipulation relative to the sale or any other matter connected with the sale
as the said Trustees shall judge expedient and I empower them or the
survivor of them to rescind or vary any contract for sale without being
liable for any consequential loss and I direct that the net proceeds of the
sale shall be held by my said Trustees in trust for such of the children of
the said Elizabeth Bullock born in my lifetime or after my decease as shall
live to attain the age of twenty one years or shall die under that age
leaving lawful issue him, her or them surviving to be divided amongst them
in equal shares the issue of any child so dying to take the parents share
only and equally amongst them and I direct that the rents of the same land
until sale and the interest of the proceeds of the sale until the period of
division shall be applied in the maintenance education and advancement in
the world of the children of my said daughter Elizabeth Bullock. I devise
all real Estates vested in me as Trustee on Mortgage unto the said Ralph
Bullock and Richard Hardy their heirs executors and administrators according
to the nature of my interest therein and subject to the equities affecting
the same respectively.
8. I declare that if my said trustees or either of them or any person or
persons to be appointed under this clause shall die or be unwilling or
incompetent to execute the trusts of my Will it shall be lawful for the
competent Trustees or Trustee for the time being (if any) whether retiring
from the office of Trustee or not (or if more) for the executors or
administrators of the last surviving trustee to substitute by any writing
under their or his hands any fit person or persons in whom alone or (as the
case may be ) jointly with the surviving or continuing Trustees or Trustee
my Trust estate shall be vested and I exempt every Trustee of my Will from
liability for losses occurring without his own wilful default and authorise
him to retain and allow his trustee or trustees all expenses incidental to
the trusteeship.
9. Lastly I revoke all former Wills and declare this only to be my last In
witness whereof I have hereabouts set my hand as well to this as to the two
preceding sheets this fifth day of March One thousand eight hundred and
sixty two--------Richard Mountney---------Signed.
Made published and declared by the said Richard Mountney the Testator as and
for his last Will and Testament in the presence of us, who in his presence,
at his request, and in the presence of each other, have hereunto subscribe
our names as Witnesses. Adlard Welby, Solr. Uttoxeter C Longhurst, his Clerk
(14fo)
Proved at Derby the 6th. Day of April 1870 by the oaths of Richard Hardy and
Ralph Bullock the Executors to whom administration was granted
The testator Richard Mountney was late of Somersal in the County of Derby
Farmer and died on the 7th day of March 1870 at Somersal aforesaid. Effects
under £5000
EXTRACTED BY Cooper and Chawner, Solicitors Uttoxeter.

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