Last Will and Testament of James Fidler.
In the name of God, Amen. I, James Fidler, the elder, of Sutton
Mill in the county of Derby, miller, being weak in body, but of sound,
disposing mind and memory, praised be God for the same, do make this
my
last Will and Testament in manner following, that is to say,
First, I give and bequeath unto my daughter Sarah Bee, wife of Joseph Bee
of Chesterfield in the County of Derby, Butcher, the sum of one hundred
pounds sterling,
And to my son Peter Fidler (now abroad) the sum of two hundred pounds
sterling,
such legacies to be paid within twelve months after my decease, by my
Executor hereinafter named, But if it shall happen that my said son
Peter
Fidler shall happen to die before of after me, or never return from
abroad, or claim the said legacy so given to him as aforesaid,
Then and in such case, I give and bequeath the same to my son James
Fidler
and daughter Sarah Bee, equally to be divided between them share and
share
alike and to their legal representatives respectively,
Also I give, devise and bequeath as far as I lawfully can or may, the
possession and tenant right of my mill, farms, lands and premises,
which I
rent under Cleyment Kynnersley, Esquire, And all my ready money,
securities for money, and all the rest, residue, and remainder, of
my real
and personal estate and effects whatsoever and wheresoever, and now
belonging to me, unto my son James Fidler and to his heirs, executors,
administrators and assigns for ever, subject to the payment thereout,
in
the first place and I charge the same therewith of all my just debts,
funeral expenses, the proof of this my Will, and to the payment of
the
aforesaid legacies,
And also subject to the payment thereout of an annuity of twenty five
pounds sterling yearly, which I give to my dear and loving wife, Mary
Fidler, and her assigns, for and during the term of her natural life
or
day of marriage, which shall first happen after my decease, to be paid
to
her half yearly in each and every year, that is to say, on the twenty
ninth day of September and the twenty fifth day of March, the first
of
such payments to become due and payable upon the first of those days
which
shall first happen after my decease,
And it is my Will and I hereby order and direct, that my said wife,
Mary
Fidler, shall have liberty, in the first place, to make choice out
of my
household goods and furniture or so much as shall and will be sufficient
in every respect, to furnish her one room and for her to have the use
and
enjoyment thereof, for and during her natural life or day of marriage
which shall first happen.
And from and after her decease or day of marriage as aforesaid, then
I
give and bequeath the same to my said son, James Fidler, his executors,
administrators, and assigns for ever.
And lastly, I hereby nominate, constitute, and appoint, my said son,
James
Fidler, sole executor of this my last Will and Testament, hereby revoking
and making void all other will and wills heretofore by me made, and
do
declare this only to be my last,
In witness thereof I have hereunto set my hand and seal the first day
of
January in the year of our Lord, one thousand eight hundred and eight.
Signed, sealed, published, and declared, by the said Testator, James
Fidler, as and for his last Will and Testament in the presence of us,
who,
in his presence, at his request and the presence of each other, have
subscribed our names as witnesses thereto.
J. Draper
(Signed with) his mark
Wm. Bainbridge, junior X
James Fidler Senior
Sam Plant