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The will of Henry Evans of Greenhill Lane, Alfreton, Derbyshire, England, died 1864

This is the last Will and Testament of me Henry Evans the elder of Greenhill Lane in the parish of Alfreton in the county of Derby, Gentleman.

I hereby revoke all former wills by me at any time herefore made, and devise this only to be my last will and testament. 

That for the better defining or distinguishing the respective properties at Greenhill Lane aforesaid or shares thereof by this my will severally devised, I hereby direct that the same shall be divided as set out and deemed to be divided as set out in eight lots and that each lot shall be subject the rights, liberties, privileges and liabilities hereinafter respectively mentioned and I accordingly direct that lot one of the said eight lots shall consist of and comprise all that messuage dwelling-house or tenement situate at Greenhill Lane aforesaid now used as a public house and called the New House Inn together with the stables, outhouses, Brew-house and outbuildings adjoining or near thereto and therewith occupied and also all that garden and front of the said public house and the stockyard on the eastwardly side of and adjoining to the said outbuildings and premises all now in the occupation of my son Joseph Evans and also all that small dwelling-house or tenement situate on the north westwardly corner of and adjoining to the said public house and now in the occupation of James Lindley and also all that piece of land or orchard ground now partly used as a stockyard and road and which is situate and lies between the above described stockyard and premises and the cow house and outbuildings hereinafter mentioned as forming part of lot three and to the extent eastwardly as hereinafter mentioned. All which said hereditaments and premises intended to form lot one adjoin together and are bounded on the northerly end or side thereof by the highway leading from Riddings to Alfreton on the westerly side thereof by the highway leading from Codnor to Alfreton on the southerly end thereof by the said cow house outbuildings and premises forming part of lot three to the extent of a certain stone post or landmark standing seventy one feet in an eastwardly direction from the highway and in a straight line with the north or backside of such cow house and outbuildings and on the easterly side thereof by the hovel stable and part of the orchard ground hereinafter mentioned as forming part of lot four and lying on the easterly side of a straight line drawn from the south west corner of such stable to the aforesaid stone post or land mark together with all and every the rights liberties or privileges mentioned as given therewith in the occupation of the several other lots of the estate at Greenhill Lane aforesaid subject nevertheless to the right of road all along the southwardly boundary of the above described premises hereinafter referred to in the respective descriptions of lots three and four and also subject to the right privilege or liberty of the owner or owners tenants and occupiers for the time being of lots two, three, four, five, six, seven and eight and each of them their and each of their families servants in common with the owner or owners of lot one to obtain partake and carry away water from the Well situate and being on the north or backside of the aforesaid public house and for the like purposes use the pump and apparatus thereto subject nevertheless to and conditionally that each of the owners for the time being of the said several lots paying and contributing one eighth part or share of the charges and expenses of maintaining and keeping the said well, pump and apparatus in repair, 

And I further direct that lot two shall consist of and comprise all those two messuages dwelling-houses or tenements situate at Greenhill Lane aforesaid and now in the respective occupations of Thomas Varley, and Henry Berry and also all those workshops or buildings situate northwardly thereof and adjoining thereto and now in the occupation of the said Joseph Evans and also all that piece of land or ground situate at Greenhill Lane aforesaid called the Brickyard Close one part thereof is now used as a wood yard and brickyard and in the occupation of the said Joseph Evans and the remaining part thereof is now used as pasture and in the occupation of my son Henry Evans All which said last described hereditaments and premises intended to form lot two adjoin together and are bounded on the west partly by the said Codnor and Alfreton highway and partly by the gardens hereinafter mentioned as comprised in lots seven and eight and garden ground now belonging to my sons Luke Evans and Henry Evans and George Samuel Grundy on the south side thereof partly by the dwelling-houses and gardens hereinafter mentioned and comprising part of lot seven and partly by land formerly belonging to Thomas Parkin now deceased but now divided into building lots and used as gardens on the east by land late belonging to William Palmer Morewood Esquire now deceased and on the north by the hereditaments and premises hereinafter mentioned as comprised in lots three five and six Together with all and every the rights liberties or privileges mentioned as given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid (subject nevertheless to the right privilege or liberty of the owner or owners tenants and occupiers for the time being of lots one, three, four, five, six, seven, and eight and each of them their and each of their families or servants in common with the owner or owners of lot two to obtain fetch take and carry away water from the well situate and being on the west or front side of the dwelling-houses occupied by the said Thomas Varley and to the use of the pump and apparatus thereto as herein after provided subject nevertheless to and conditionally that each of the said owners for the time being of the said several last mentioned lots paying and contributing one eighth part or share of the charges and expenses of maintaining and keeping the said well pump and apparatus in repair And also subject to the owner or owners for the time being of lot two maintaining and repairing the fence against the hereditaments and premises hereinafter mentioned as lots three five and six .

And I further direct that lot three shall consist of and comprise all that messuage dwelling-house or tenement situate at Greenhill Lane aforesaid together with the Grocer and Butchers shops stable cow house shed and other outbuildings adjoining thereto now in the occupation of my son Luke Evans and also all that garden lying south thereof and the Candlehouse and buildings with the yard and road leading thereto adjoining or near the bottom of the said garden also in his occupation and also all that southwardly part of the said orchard ground now in the occupation of the said Luke Evans which lies on the south side of a straight line drawn from the stone post or land mark herein before mentioned or referred to in a south easterly direction to a certain other stone post or land mark standing on the easterly side of the said orchard and which said last mentioned hereditaments and premises intended to form lot three as aforesaid adjoin together and are bounded on the west by the said Codnor and Alfreton highway on the south by part of the wood yard and premises comprised in lot two on the east by part of a house or croft hereinafter mentioned as comprised in lot five on the north and north east by the top or remaining part of the said orchard ground comprised in lots one and four Together with a right of roadway and passage for the owner and owners for the time being of the said hereditaments and premises comprised in the said lot three or any parts thereof and the servants and occupiers thereof and their respective families servants workmen agents or visitors with or without horses or other animals carts and other carriages at all times for all purposes connected with the use and occupation thereof to and from the said hereditaments and premises or any part or parts thereof into and out of the Codnor and Alfreton highway over through and along the southwardly end or side part or boundary of the premises herein before mentioned as comprised in lot one of the width of four yards at the westwardly entrance thereof and of five yards at the eastwardly extent thereof subject nevertheless to and conditionally that the said owner or owners for the time being of the said lot three shall pay and contribute one third part of the charges and expenses which shall or may be incurred in making and keeping in repair the said last mentioned intended road and the gate at the westerly entrance thereof and also subject to the said owner or owners of lot three fencing against the hereditaments and premises comprised in lots one and four together with all and every the rights liberties or privileges mentioned as given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid

 And I further direct that lot four shall consist of and comprising all those two messuages dwelling-houses or tenements situate at Greenhill Lane aforesaid together with the stable cow house hovel and other the outbuildings adjoining or near thereto and now in the respective possessions of myself and the said Luke Evans and William Smithard and also all those malt rooms or bay of buildings situate on the east side of and adjoining to the said dwelling-houses and now in the occupation of the said Luke Evans and also all that garden adjoining thereto now in my possession and also all that piece of land or orchard ground lying on the south side of and adjoining to the said last mentioned dwelling-houses garden and premises being the northwardly or top part of the said orchard in the occupation of the said Luke Evans all which said last described hereditaments and premises intended to comprise lot four adjoin together and are bounded on the north by the Riddings and Alfreton highway on the west by the stockyard and other portion of the orchard ground herein before mentioned and comprised in lot one and extensive therewith southwardly on the southwest by other part of the said orchard ground comprised in lot three and on the east the close or croft and other the premises hereinafter mentioned and comprised in lot five Together with a right of roadway and passage for the owner or owners for the time being of the said hereditaments and premises comprised in lot four or any parts thereof and the tenants and occupiers thereof and their respective families servants workmen agents or visitors with or without horses or other animals carts or other carriages at all times for all purposes connected with the use and occupation thereof and from the said hereditaments and premises or any part or parts thereof into and out of the Codnor and Alfreton highway over through and along the southwardly end or side part or boundary of the premises comprised in lot one of the width of four yards at the westwardly entrance thereof and of five yards at the eastwardly extent thereof subject nevertheless to such owner or owners of the said lot four paying and contributing one third part of the charges and expenses which shall or may be incurred in making and keeping in repair the said intended road and the gate at the westwardly entrance thereof and also together with a certain other right of roadway and passage for such owners tenants and occupiers as aforesaid with or without horses or other animals carts r other carriages at all times for all purposes connected with the use and occupation of the said malt rooms to and from the same into and out of the Riddings and Alfreton highway over through and across the north westwardly or triangular corner piece of land formerly part of the croft hereinafter mentioned as comprised in lot five of the width of nine feet at the entrance thereof and in a straight or direct line with a certain gateway or open space between the end of the said malt rooms and a certain gate post ease standing in the fence near or opposite thereto subject nevertheless to such owner or owners for the time being of lot four paying and contributing one half part of the charges and expenses which shall or may be incurred in maintaining and keeping in repair the entrance gate or door near the said highway and also subject to the said owner or owners of lot four fencing against the hereditament and premises comprised in lot one Together with all and every the rights liberties rights or privilege mentioned and given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid 

And I further direct that lot five shall consist of and comprise all those ten messuages dwelling-houses or tenements situate at Greenhill Lane aforesaid now in the respective occupations of William Walwin senior, Paul Smith, William Lamb, Peter Sutton, Samuel Langton, William Langton, John Reeks, William Walwin junior, John Sutton and William Corbett and also all those several pieces of garden ground lying south of and adjoining to the said dwelling houses and now occupied by the said Peter Sutton, Samuel Langton, John Reeks, William Walwin junior, John Sutton and William Corbett and also so much and such part of the garden occupied by the said William Walwin Senior and also so much and such part of the said close or piece of pasture land or ground called the croft now occupied by the said Luke Evans lying south of and adjoining to the said gardens and which are respectively situate and lie westwardly of and from a straight line drawn from the Alfreton and Riddings Highway along and parallel with the westwardly end of the dwelling-house now in the occupation of Daniel Smithard in the direction of a certain stone post or land mark standing near the fence on the southwardly end or side of the said croft Together with the road archway or gennel lying at and passing under the eastwardly end of the dwelling-house occupied by the said William Walwin Senior and also the northwestwardly or triangular corner piece of land formerly part of the said croft now used as a Road to the said Maltrooms and in a straight line with the fence running south thereof All which said last described hereditaments and premises intended to be comprised in lot five adjoin together and are bounded on the north by the Riddings and Alfreton Highway in the west by the said Malt Rooms and the orchard ground hereinbefore respectively mentioned as comprised in lots four and three on the south by the wood yard and Brickyard comprised in lot two and on the east by the remaining part of the said croft and other the premises comprised in lot six subject nevertheless to the owner or owners for the time being of lot five maintaining the fence against the said hereditaments and premises hereinbefore respectively mentioned and comprised in lots three and four and also subject to the right of road or passage through the said Archway or gennel hereinafter referred to in the description of lot six and also subject to the right of road across the triangular corner piece of land referred to in the description of lot four, Together with all and every the rights liberties or privileges mentioned as given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid 

And I further direct that lot six shall consist and comprise All those eight messuages dwelling-houses or tenements situate at Greenhill Lane aforesaid now in the respective occupations of the said Daniel Smithard and Richard Lee, Esther Taylor, Joseph Bowley, John Smith, Joseph Sharp, Joseph Sharp Junior, and George West and Also all those gardens lying south thereof and adjoining thereto and now in the respective occupations of the said Daniel Smithard, Richard Lee, Joseph Bowley, John Smith, Joseph Sharp, Joseph Sharp Junior, George West, and of Paul Smith, William Paul and William Langton, and also so much and such part of the garden occupied by the said William Walwin and also so much and such part of the close or piece of pasture land or ground called the croft now in the occupation of the said Luke Evans which are respectively situate and lie eastwardly of and from a straight line drawn from the Alfreton and Riddings highway along the end of and parallel with the westwardly end of the said dwelling-house occupied by the said Daniel Smithard in the direction of the stone post or land mark standing near the fence on the southwardly end or side of the said croft All which said last described hereditaments and premises intended to be comprised in lot six adjoin together and are bounded on the north by the said highway leading from Riddings to Alfreton on the east by property late belonging to John Fagg deceased on the west by the road archway or gennel and other portions of the aforesaid garden and croft comprised in lot five and on the south by other part of the brickyard close hereinbefore mentioned as comprised in lot two together with a right of roadway and passage for the owner and owners for the time being of the said hereditaments and premises comprised in lot six or any part or parts thereof and the servants and occupiers thereof and their respective families servants workmen agents or visitors at all times for all purposes connected with the use and occupation thereof to and from the said hereditaments and premises or any part or parts thereof into and out of the said Riddings and Alfreton Highway under through and along the road archway or gennel lying at and passing under the eastwardly end of the aforesaid dwellinghouse occupied by the said William Walwin herein before mentioned and comprised in lot five and to the extent of six feet beyond or on the southwardly end of such archway or gennel subject to such owner or owners of lot six paying and contributing one moiety of the charges and expenses which shall or may be incurred in making maintaining and keeping in repair the said road or gennel and any door or gate that may be erected thereon and also subject to the said owner or owners fencing against the hereditaments and premises comprised in lot five together with all and every the rights liberties or privileges mentioned as given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid 

And I further direct that lot seven shall consist of and comprise all those three dwelling-houses or tenements situate at Greenhill Lane aforesaid with the yards and premises thereto belonging and now in the respective occupations of Charles Bramley, William Harrison and James Lewes and also all those gardens lying south of and adjoining to the said premises and now in the respective occupations of the said Charle Bramley, William Harrison, James Lewes Thomas Varley, Henry Berry, William Smithard, and myself and also all those three dwelling-houses or tenements situate at Greenhill Lane aforesaid with the gardens set out on the east side thereof and other the yards and premises to the same belonging and adjoining thereto and now in the respective occupations of William Varley, John Spick and Milley Walters / subject to the right of road or passage along the end of the dwelling-house and premises occupied by the said Milly Walters next referred to in the description of lot eight Together with all roads rights members and appurtenances to the same premises belonging and all such every the rights liberties or privileges mentioned as given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid subject nevertheless to the right privilege or liberty of the owner or owners servants and occupiers for the time being of lots one, two, three, four, five, six, and eight. And each of them their and each of their families and servants in common with the owner or owners of lot seven to obtain fetch take and carry away water from the well situate and being on the east side of the dwelling house occupied by the said William Harrison and for the like purposes to use the pump and apparatus thereto subject nevertheless to and conditionally that each of the said owners for the time being of the said several lots paying and contributing one eighth part or share of maintaining and keeping he said well pump and apparatus in repair And I further direct that lot eight shall consist of and comprise all that dwelling house or tenement situate at Greenhill Lane aforesaid with the garden as now marked out on the east side thereof and other the yards and premises to the same adjoining and belonging and now in the occupation of my son Richard Evans being of the breadth of sixteen feet on the front thereof and thirteen feet and an half on the east end thereof together with a right of road as now used along the northwardly end of the said house to the extent of five feet from the highway subject nevertheless to the owner or owners for the time being of lot eight fencing against the hereditaments on the east and north sides thereof together with the rights members and appurtenances to the same hereditaments belonging and all and every the rights liberties or privileges mentioned as given therewith in the description of the several other lots of the estate at Greenhill Lane aforesaid And I give and devise all and every the messuages or dwelling-houses buildings lands hereditaments and premises comprised in the said several lots one, two, three, and eight with their appurtances subject nevertheless as mentioned in the several descriptions thereof and as hereinafter respectively contained as follows, That is to say as respects lot one unto and for the use of my said son Joseph Evans his heirs and assigns forever. As respects lot two unto and to the use of my said son Henry Evans his heirs and assigns forever. As respects lot three unto and to the use of my said son Luke Evans his heirs and assigns forever. And respects lot eight unto and to the use of Stephen Evans the natural child of my son Richard Evans when he attains the age of twenty one years and to his heirs and assigns for ever and until he attains that age or dies prior to that period I direct the trustees for the time being of this my will to reserve the rents and profits of the said premises from time to time and to apply the same as they shall think proper in or towards his maintenance and education But in case the said Stephen Evans shall not attain the age of twenty one years then I give and devise such hereditaments and premises unto and to the use of all my said children Joseph Evans, Henry Evans, Luke Evans, Richard Evans, Lydia Wild Cutler, and Mary Robinson to be equally divided between and amongst them share and share alike as tenants in common and to their several and respective heirs and assigns for ever 

And I give and devise all and every the messuages or dwelling-houses buildings lands hereditaments and premises comprised in the said several lots four, five, six, and seven with their appurtenances subject nevertheless as mentioned in the several descriptions thereof and as hereinafter respectively contained unto my said son Luke Evans and my son in law Thomas Tomlinson Cutler their executors administrators and assigns, upon trust that they or the survivor of them or the executors administrators or assigns of such survivor shall stand and be seized and possessed of the same upon the rights and to and for the uses intents and purposes hereinafter mentioned that is to say, As respect to the premises comprised in lot four upon trust to keep all and every the premises therein comprised in repair from and out of the rents and profits thereof and therein in case the same can be paid free from any present or future creditors or claimants of or against my son Richard Evans in any bankruptcy or insolvency judgement or other process at law or in equity or otherwise howsoever whereby or by reason whereof the trustee or trustees of this my will may be subject or liable to refund the same to pay or apply the residue of the said rents or profits to my said son Richard Evans for his present use and benefit during his natural life or such part of his life as he the said Richard Evans shall not sign or execute any deed or writing or commit any act of bankruptcy or insolvency or become bankrupt or take the benefit of the insolvent act or do or attempt to do or commit or permit any other act deed matter or thing whatsoever whereby or by reason or means whereof the said rents and profits or any part thereof if the same had been hereby unconditionally directed to be made payable or applicable unto or for the benefit of the said Richard Evans during his life, would be forfeited or liable to be forfeited to or become vested in or subject to the disposition of any person or persons whomsoever but such residuary rents nevertheless shall be paid by such instalments in each year as my said trustees or trustee may think proper And I do hereby will and direct that in case for the reasons before mentioned or any of them the said rents and profits shall not be paid and applied in manner aforesaid that then the same or as much thereof as shall not be paid as aforesaid shall be paid and applied during the life of the said Richard Evans either between and amongst all and every the child or children or surviving child or children of the said Richard Evans including his illegitimate son Stephen Evans by Lydia Evans deceased in equal shares and proportions not withstanding any one or more of them may be under the age of twenty one years or married under that age, or that the said trustees or trustee shall pay and apply the same in such shares and proportions as they may think proper for their maintenance support or education respectively And from and after the decease of the said Richard Evans I give an devise the said lot four and all and every the premises contained or intended to be comprised therein unto and between and amongst all and every the children of the said Richard Evans including Stephen Evans who being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married under that age share and share alike as tenants in common and to their several and respective heirs and assigns or if there be but one of the said children who shall live to attain the said age or be so married as aforesaid then wholly to such one child his or her heirs and assigns Provided always and I do hereby declare that in case there shall be no such child including the said Stephen Evans who being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married under that age then and in that case I give and devise the said lot four and premises therein comprised unto and to the use of all my other children both sons and daughters to be equally divided between and amongst them share and share alike as tenants in common and to their several and respective heirs and assigns for ever 

And as for and concerning lot five and the premises therein comprised or intended so to be with their and every of their rights members and appurtenances to such uses for such estates and upon and for each trusts intents and purposes and charged and chargeable in such manner and form as the said Thomas Tomlinson Cutler and my daughter Lydia Wild Cutler his wife (not withstanding her coverture) at any time or times or from time to time by any deed or deeds appoint and in default of such appointment or subject to any such appointment which shall not be a complete disposition of the fee simple and inheritance of the said premises to the use of the said Lydia Wild Cutler without impeachment of waste during her life and from and after her cease to the use of the said Thomas Tomlinson Cutler and his assigns during his life without impeachment of waste and from and after the decease of the survivor of them the said Lydia Wild Cutler and Thomas Tomlinson Cutler to the use of the heirs and assigns of the survivor of them for ever 

And as for and concerning lot six and the premises therein comprised or intended so to be with their and every of their rights members and appurtenances to such uses for such estates and upon and for such trusts intents and purposes and charged and chargeable in such manner and form to my daughter Mary Robinson (the wife of Joseph Robinson) shall notwithstanding her present or any future coverture at any time or from time to time by any deed or deeds appoint or by her last will give or devise and in default of such appointment or devise respectively or subject thereto so far as the same may not extend to the use of the said Mary Robinson her heirs and assigns for ever 

And as for and concerning lot seven and the premises therein comprised upon trust to keep the same in repair from and out of the rents and profits thereof and then pay the residue of the said rents and profits into the proper hands of Elizabeth Evans the daughter of my late son Isaac Evans for and during her natural life upon her receipts alone so that the same may be for her sole and separate use and benefit free from the control debts and engagements of any husband and from and after her decease. I give and devise the said lot seven and all and every the premises contained or intended to be comprised therein unto between and amongst all and every her children who shall live to attain the age of twenty one years share and share alike as tenants in common and their several and respective heirs and assigns or if there be but one such child who shall attain the age of twenty one years then wholly to such one child his or her heirs and assigns or in case of the death of the last mentioned child under twenty one years as aforesaid leaving issue then equally amongst such issue share and share alike and their respective heirs and assigns Provided always and I do hereby declare that in case there shall be no such child who shall live to attain the said age of twenty one years or such issue as last mentioned then and in that case I give and devise the said last mentioned hereditaments unto and to the use of all my said children Joseph Evans, Henry Evans, Luke Evans, Richard Evans, Lydia Wild Cutler and Mary Robinson to be equally divided between and amongst them share and share alike as tenants in common and to their several and respective heirs and assigns for ever. 

And as to all and singular other the messuages land tenements tithes and hereditaments and all real estates or property which I am now or may hereafter be possessed of or entailed to or over which at the time of my decease I shall have diviseable interest or disposing power and all and every my monies and personal estates or property whatsoever except hereditaments property vested in me as mortgagee or trustee merely I give devise bequeath and appoint the same unto the said Luke Evans and Thomas Tomlinson Cutler their executors administrators and assigns upon trust that they or the survivor of them or the executors administrators or assigns of such survivor do and shall sell and dispose of and convert into money all such parts of the said personal estates or property as shall not consist of money and collect and get in all other my debts or other personally and at such time or times as they or he at their or his own judgement or discretion may think proper sell and dispose of all and every my said residuary real estates or property in such lots or parcels or other way or manner and either by public auction or private contract and for such price or prices as to them or him shall seem advisable with full power to buy in the same or any part thereof at any auction and to rescind abandon or vary any contract for sale and to resell any premises so bought in or otherwise in the premises and to make and invest any special clauses stipulations or any reservations of roads or way or of any coal ironstone or minerals or any of them or any contract conditions or terms of sale or otherwise in the premises as they or he may think proper and make and execute all such conveyances and assurances or other deeds for effectuating any such sale or sales or otherwise in the premises as I could have done if living and I declare that my said trustees or trustee or the trustees or trustee for the time being of this my will shall stand and be possessed of and interested in the proceeds arising o to be produced from or by such sale or sales disposition converting into money of my said residuary real and personal estates or property and such also of any ready money I may be possessed of at the time of my decease and of the rents interest and annual proceeds or profits of the same estates or property arising in the meantime upon trust in the first place to pay thereout or therefrom all my just debts funeral and testamentary expenses as well as the several legacies or sums of money following that is to say the sum of fifty pounds to my son Henry Evans the sum of one hundred and twenty pounds to my son Luke Evans the sum of eighty pounds to my daughter Lydia Wild Cutler and the sum of eighty pounds to my daughter Mary Robinson and then to divide the residue into six equal parts or shares and ( subject to any reductions which may have to be made as next hereinafter mentioned) to pay one sixth part or share thereof to each of them my said children Joseph Evans, Henry Evans, Luke Evans, Richard Evans, Lydia Wild Cutler, and Mary Robinson and I give and bequeath the same to them accordingly, 

Provided always and I do hereby declare that in case any one or more of them my said sons Joseph Evans, Henry Evans, and Luke Evans or the said Thomas Tomlinson Cutler either in respect of himself or for his said wife, or the said Joseph Robinson either in respect of himself or for his said wife, shall be indebted to me at the time of my decease upon any Promissory Note or security or memorandum in writing whereby any such debt is either evidenced or admitting as owing to me and the said debtor debts shall not be paid or satisfied within twelve calendar months after my decease then the same shall be charged and chargeable upon the respective lot or lots of my real estate or share or shares of any property or proceeds arising therefrom or the rents profits and annual proceeds payable thereout or therefrom left to or in trust for him her or them the said Joseph Evans, Luke Evans, Henry Evans, Thomas Tomlinson Cutler and Lydia Wild Cutler his wife or either of them or the said Joseph Robinson and Mary his wife or either of them their or any of either of their heirs executors administrators or assigns respectively but no debt shall be claimed or deemed to be due or owing upon any mere verbal promise or acknowledgement only and I also further declare that in case a debt now owing from my son Joseph Evans to my son Luke Evans shall not have been paid off or discharged at the time of my decease that the same or such part thereof as shall be then owing to the said Luke Evans shall but not to exceed the sum of one hundred and fifty pounds (subject to or after satisfaction of any other charge as last referred to upon the same) be charged and chargeable to upon the Lot and other the share of property or proceeds devised or bequeathed to or for the said Joseph Evans by this my will and the same shall be paid therefrom accordingly and I declare that the receipt or receipts in writing of the trustees or trustee for the time being acting in the execution of any of the trustees of this my will shall effectually discharge and exonerate purchasers their heirs executors administrators and assigns or other persons paying any sum or sums of money to such trustees or trustee from all liability in respect of the application misapplication or non application thereof and I empower the acting trustees or trustee for the time being of this my will to compound and allow such time or accept such security real or personal for the [payment of any debt which shall be owing to me at my death as by them or him shall be deemed expedient and I further declare my will to be that the trustees or trustee for the time being of this my will shall be charged only with such monies as they or he respectively shall actually receive and shall not be answerable or accountable the one for the other of them not for money received under or by vesture of receipts in which they shall join for the sake conformity neither shall they or either of them be answerable or accountable for any Banker Broker or other person in whose hands any of the trust monies shall come or be placed for safe custody nor for the insufficiency or deficiency of any securities in or upon which any of the trust monies shall be invested nor for otherwise for any involuntary losses damages and misfortunes unless the same shall happen by or through their or his own wilful defaults and my said trustees or trustee shall have power to invest any money or monies that for any particular time or period may require investment upon mortgage or Government security or upon Debentures or mortgage of any Railway or other Public company or companies in Great Britain as they shall consider well established and sound and with power to change or transfer any such securities necessary and I further declare that it shall be lawful for my said trustees or trustee to deduct retain and reimburse themselves or himself and to allow to each other out of the monies which shall come to their or his hands or hand under the wills aforesaid or costs charges damages and expenses to be sustained or incurred in or about the execution or supposed execution of any of the trusts powers authorities directions of this my will or any thing incident thereto 

And I do hereby constitute and appoint the said Luke Evans and Thomas Tomlinson Cutler Executors of this my will and I give and devise to them their executors administrators and assigns all the real estates which at the time of my decease shall be vested in me upon any trusts or by way of mortgage upon the trusts and subject to the equities affecting the same respectively In witness whereof I the said Henry Evans the testator have to this and the thirteen preceding sheets of paper containing this my last will and testament set my hand this fourth day March one thousand eight hundred and sixty three, 

------- Henry Evans ------- 

Signed by the said Henry Evans the testator and declared to be 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 subscribed our names, attesting witnesses, the interlineations between the lines eleven and twelve in page eight and the interlineations between line eight and nine in the page thirteen having first been made thereon                ____________

Thomas Colledge Riddings   ________________ 

Henry Neale Riddings            _________________

Y8 Folios 

Proved at Derby the 8th day of August 1864 by the oaths of Luke Evans the son and Thomas Tomlinson Cutler the executors named in the will to whom administration was granted 

The testator Henry Evans was late of Greenhill Lane in the parish of Alfreton in the county of Derby, Gentleman and died on 25th day of January 1864 at Greenhill Lane aforesaid 

Effects under £1,500

Extracted by John Wood solicitor Derby 

Notes

Henry Evans started the firm of Luke Evans Bakery, which is still in business today, and named the business after his youngest son Luke. Henry is buried in the churchyard of St Martin, Alfreton; his daughter Lydia shares the same memorial.

Explanation of terms

Messuage - in law, equates to a dwelling-house and includes outbuildings, orchard, curtilage or court-yard and garden. 

Gennel - Derbyshire term for a small covered alleyway connecting terraced houses 

Coverture - refers to women's legal status after marriage. In those days, legally, upon marriage, the husband and wife were treated as one entity. In essence, the wife's separate legal existence disappeared as far as property rights were concerned. Under coverture, wives could not control their own property unless specific provisions were made before marriage, they could not file lawsuits or be sued separately, nor could they execute contracts. The husband could use, sell or dispose of her property (again, unless prior provisions were made) without her permission.

Source

Manuscript: courtesy of Derbyshire Record Office, Matlock.

Transcription by: Angus and Rosemary July 2009.

While we have made every effort accurately to transcribe the original please bear in mind that the handwriting was very small, faint and difficult to read in places, so there may be some minor mistakes.

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