Henry
Tunaley 1800-1874
This
is the last
will and testament of me Henry Tunaley of Derby in the county of Derby
Dyer. In the first place I direct the
payment of all my just debts / except trade debts / and funeral and
testamentary expenses by my trustees and executors hereinafter named as
soon as
conveniently may be after my decease and of my personal estate not
hereby
specifically bequeathed I give and bequeath the following legacies or
sums of
money that is to say to Alfred Tunaley, Thomas Tunaley and Kate or
Katherine
Tunaley the children of my late brother Edward Tunaley deceased the sum
of one
hundred pounds each. To Helen or Ellen
Tunaley, Jane Antill and Ann Walker three of the children of my brother
Samuel
Tunaley the sum of one hundred pounds each and to Thomas Tunaley,
Alfred
Tunaley and Samuel Tunaley other children of my said brother Samuel
Tunaley the
sum of fifty pounds each. And I direct
that all the said legacies shall be payable out of my personal estate
not
hereby specifically bequeathed at the expiration of six calendar months
from
the time of my decease. I give and
devise all that that my one fifth part or share and my one tenth part
or share
and all other (if any) my share estate and interest of and in all that
messuage
dwelling house or tenement occupied as an inn and called or known by
the name
or sign of “the Royal Oak” situate in or near the Market Place in Derby
aforesaid with the outbuildings yard and appurtenances thereto
belonging now or
late in the occupation of William Barnes and also of and in that
messuage or
tenement with the shop adjoining the Royal Oak aforesaid and fronting
the
Market Place and in the occupation of John Turner provision dealer Also
of and
in the watchmakers shop and premises also adjoining the Royal Oak
aforesaid and
fronting the Market Place and in the occupation of George Fearn
watchmaker and
also of and in a messuage or tenement situate in Tenant Street in Derby
aforesaid also adjoining the Royal Oak aforesaid and occupied by Joseph
Smithard Tailor also all that my moiety or equal half part or share and
all
other if any my share estate and interest of an in all that messuage
dwellinghouse or tenement and shop situate in Tenant Street aforesaid
in the
occupation of Benjamin Bennett Tinman and also of and in the Coach
House in Tenant
Street aforesaid in the occupation of the said John Turner unto and to
the use
of my nephew Frank Tunaley now of Wolverhampton in the County of
Stafford son
of my brother Edward Tunaley his heirs and assigns absolutely. I give and bequeath and hereby release to
Sarah Tunaley and Elizabeth surviving daughters of my late brother
Thomas
Tunaley deceased all and every sum and sums of money in which they or
either of
them or the estate of my said late brother shall be indebted to me at
the tome
of my decease or mortgage, bond note or otherwise however and I give
and devise
all those my three houses situate at the top of Parliament Street and
Boundary
Road in the borough of Derby with the yards gardens outbuildings and
appurtenances thereto now in the occupation of Mr Roe, Mr Durance and
Mr
Wilkinson unto and to the use of the said Sarah Tunaley and Elizabeth
daughters
of my said late brother Thomas Tunaley deceased their heirs and assigns
as
tenants in common for their own exclusive benefit.
I give devise and bequeath all that my messuage dwellinghouse or
tenement situate in or near Tenant Street in Derby aforesaid with the
outbuildings, Dye Works, Steam Boiler and apparatus, Dye Woods, Drugs,
Stock in
trade as a Dyer, trade utensils household goods and furniture, plate
linen
china books prints fixtures cash in house and bank, book debts owing to
me in
respect of my said trade and all other my effects whatsoever in and
about the
messuage buildings and premises occupied by me situate in or near
Tenant Street
aforesaid Also all that my Butchers Shop situate in Market Street in
Derby
aforesaid and adjoining my dye works late in the occupation of Michael
Robinson
and now of Joseph Clayton Also all that
my house and shop situate in Tenant Street aforesaid in the occupation
of Job
Wright confectioner Also all that my shop situate in Tenant Street
aforesaid in
the occupation of Isaac Drew Hair Dresser unto and to the use of my
Brother
William Tunaley his heirs executors administrators and assigns for ever
charged
nevertheless with the payment of all debts owing from me at the time of
my
decease in respect of my said trade or business as a Dyer I give and
devise all
those my five messuages dwellinghouses or tenements with the
outbuildings and
appurtenances thereto belonging situate in Oxford Street Litchurch in
the
county of Derby now or late in the respective occupations of Messieurs
Mills,
Stone, Holmes Gadd and Moreton unto and to the use of my Brother Samuel
Tunaley
for and during the term of his natural life for his own benefit And I
give and
devise the same from and immediately after the decease of my said
Brother
Samuel Tunaley unto and to the use of my nephew Edward Tunaley son of
the said
Samuel Tunaley his heirs and assigns absolutely. I
give and devise all those my six newly built messuages
dwellinghouses or tenements situate in and fronting to the Osmaston
Road in
Litchurch aforesaid with the outbuildings yards gardens and
appurtenances
thereto now or late in the respective occupations of messieurs Budden,
Woodcock,
Hanson, Cooper, Turner and Mrs Wilkinson Also all those three newly
erected
messuages dwellinghouses or tenements adjoining or situate near to the
last
mentioned messuages and hereditaments and fronting to Oxford Street
aforesaid
and now or late in the respective occupations of Messieurs Tallow,
Twigg and
Armitage unto and to the use of Sarah Tunaley the widow of my late
Brother John
Tunaley deceased for and during the term of her natural life in case
she shall
so long continue a widow and unmarried but not otherwise and I give and
devise
the said six messuages dwellinghouses or tenements fronting to the
Osmaston
Road aforesaid with the outbuildings, yards, gardens and appurtenances
thereto
from and immediately after her demise or second marriage of the said
Sarah
Tunaley which shall first happen unto and to the use of her six elder
children
(that is to say) Matthew Tunaley, John Tunaley, Thomas Tunaley,
Elizabeth
Tunaley, Sarah Tunaley and Mary Tunaley their heirs and assigns forever
as
tenants in common for their own benefit.
And I give and devise the said three messuages dwellinghouses or
tenements or tenements with the outbuildings, yards, gardens and
appurtenances
thereto belonging fronting to Oxford Street aforesaid from and
immediately
after the decease or second marriage of the said Sarah Tunaley which
shall
first happen unto and to the use of Catherine Tunaley and Alexandra
Tunaley the
two younger children of the said Sarah Tunaley their heirs and assigns
for ever
as tenants in common for their own benefit absolutely. And in case any
one or
more of the children of the said Sarah Tunaley shall depart this life
under the
age of twenty one years without having lawful issue him her or them
surviving
then I give and devise the share or shares in the said hereditaments as
well
original as accruing by virtue of this clause of him her or them as
dying
without leaving lawful issue as aforesaid unto and to the use of the
other and
others of such children as aforesaid if more than one their heirs and
assigns
in equal shares as tenants in common and if there shall be but one then
unto
and to the use of such one child his or her heirs and assigns for ever
I give
and bequeath four hundred pounds stock in midlands four pounds per cent
consols
or howsoever otherwise the same ought or may be better or more
accurately
described now belonging to me if it shall belong to me at the time of
my
decease and if not then such a sum in sterling money as at the time of
my
decease shall be equivalent to such before mentioned stock unto and to
the use
of Samuel Richardson Cox esquire and Francis Walker Cox esquire sons of
Samuel
Walker Cox of Spondon in the county of Derby esquire
upon trust that they my said trustees or the survivor of them
his
executors administrators or assigns do and shall if they or he shall
become
possessed thereof and if they or he shall think fit make sale of and
convert
the said stock into money and do and shall lay out the proceeds thereof
or such
or such sum or sums of money as may come to them or his hands or hand
in lieu
thereof under or by virtue of this my will all interest on Government
or Real
security or securities or on a debenture or debentures or mortgage
preference
share or shares of any public railway or other public company or
companies incorporated
by act or acts of parliament and paying dividends or on any other kind
of
security for the time being sanctioned and made use of by the High
Court of
Chancery in and do and shall after and vary such security or securities
from
time to time for other or others of the nature aforesaid as they shall
think
fit and do and shall receive and take the interest dividends and
proceeds
thereof from time to time as and when the sum shall become due and
payable and
pay the same to or permit my niece Eliza Choice the eldest daughter of
my
brother Edward Tunaley deceased to receive the same for and during the
term of
her natural life for her own exclusive use and benefit independent of
and free
from the control debts or engagements of her present or any future
husband and
not to be mortgaged charged encumbered or anticipated and her receipt
alone
notwithstanding coverture to be from time to time a good and sufficient
discharge for the same And do and shall stand possessed of the said
trust
monies stocks funds and securities from and after the decease of my
said niece
Eliza Choice In trust for all and every her children and child lawfully
begotten who shall live to attain the age of twenty one years or depart
this
life under that age leaving lawful issue if more than one in equal
shares and
proportions as tenants in common And if there shall be but one such
child then
in trust for such one child absolutely And in case there shall be no
such child
of my said niece Eliza Choice who shall attain the age of twenty one
years or
depart this life under that age leaving lawful issue him or her
surviving then
my said Trustees or Trustee for the time being shall stand possessed of
the
said trust fund monies securities and premises In trust for all and
every other
the children of my said brother Edward Tunaley who shall be living at
the time
of my decease in equal shares and proportions as tenants in common if
more than
one and if there shall be but one such chilled then in trust for such
one child
absolutely I give and bequeath to my nephew Henry Tunaley the son of my
Brother
Edward Tunaley my Midland Railway Common Stock or howsoever otherwise
better
described of the present value of five hundred and fifty pounds or
thereabouts
for his own benefit and if I shall have parted with and be not the
owner of
such stock at eh time of my decease then I give and bequeath to my said
nephew
Henry Tunaley such a sum of sterling money as shall be equivalent at
the time
of my decease to such stock for his own benefit absolutely I give and
bequeath
four hundred pounds stock in Midlands four pounds per cent consols or
howsoever
otherwise the same ought or may be better or more correctly described
now
belonging me. And also two shares in
the Metropolitan District Railway and all my shares in the credit ? of
England
unto any before named trustees and in case I shall not at the time of
my
decease be the owner of such stock and shares last mentioned or any of
them
then I give and bequeath to my said trustees or trustee such sum of
sterling
money as shall be equivalent to the said stock and shares or such of
them which
I may have disposed of or cease to hold upon the trusts following that
is to
say upon trust that my said trustees or trustee for the time being do
and shall
at their or his discretion make sale of and convert into money the said
stock
and shares or any of them and do and shall receive and lay out the
money as to
be received from the sale thereof and also to be received in lieu
thereof or of
any portion thereof in manner before directed and do and shall receive
and take
the interest dividends and proceeds of the said last mentioned trust
fund
monies securities and premises as and when the same shall become due
and
payable and pay the same to or permit mt niece Sarah Shaw another
daughter of
my Brother Edward Tunaley to receive the same for and during the term
of her
natural life for her own exclusive use and benefit and independent of
and free
from the control debts or engagements of her present or any future
husband and
not to be assigned mortgaged charged or anticipated and her receipt
alone
notwithstanding coverture to be from time to time a good and sufficient
discharge for the same and do and shall receive and pay the said last
mentioned
interest dividends and proceeds from and after the decease of the said
Sarah
Shaw unto her present husband Joseph Shaw in case he shall survive his
said
wife for and during his natural life And do and shall stand possessed
of the
said last mentioned trust fund monies securities and premises from and
immediately
after the decease of the survivor of them my said niece Sarah Shaw and
her said
Husband. In trust for all and every the
children and child lawfully begotten of my said niece Sarah Shaw who
shall live
to attain the age of twenty one years or departed this life under that
age
leaving lawful issue in equal shares and proportions as tenants in
common if
more than one and case there shall be only one such child lawfully
begotten of
my said niece Sarah Shaw who shall live to attain the age of twenty one
years
or depart this life under that age leaving lawful issue then my said
trustees
or trustee for the time being do and shall stand possessed of the said
last
mentioned trust fund monies securities and premises In trust for all
and every
the children lawfully begotten of my said Brother Edward Tunaley living
at the
time of my decease in equal shares and proportions as tenants in common
and if
but one such child then in trust for one such child absolutely And
subject as
before hereto mentioned I give devise and bequeath all other my real
estate if
any and all my monies and securities for money book debts and all other
my
personal estate of what nature or kind soever and wheresoever unto and
to the
use of my brother William Tunaley his heirs executors administrators
and
assigns for his and their own benefit absolutely charged nevertheless
with the
payment of all my just debts and funeral and testamentary expenses I
direct
that it shall be lawful for the trustees or trustee for the time being
of this
my will to apply the interest dividends and proceeds and unto and rents
and
share thereof respectively of any minors expectant or presumptive share
of or
in any real or personal estate under this my will and also any part of
his or
her share in the principal of any monies or estate in or towards his or
her
maintenance education and advancement or preferment in the world
notwithstanding and during his or her minority I devise all estates
vested in
me as trustee or mortgagee unto and to the use of the said Samuel
Richardson
Cox and Francis Walker Cox their heirs executors administrators and
assigns
upon and subject to the trusts and equities affecting the same. Provided always and I do hereby declare that
my trustees and executors for the time being their and his heirs
executors or
administrators shall not be liable for any loss which may happen in the
executor of the trusts hereby in them or him reposed unless the same
shall
happen through their own wilful negligence or default nor for the acts
receipts
neglects or defaults of each other but that they shall respectively be
answerable only for so much money as they shall respectively actually
receive
and not more although they may join in giving receipts for the sake of
conformity And that it shall be lawful for my said trustees and
executors out
of the monies which shall come to their respective hands to reimburse
themselves and himself respectively all expenses which shall be
incurred in the
management of the trusts hereby in them or him reposed and that such
trustees and
executors may submit matters to arbitration take securities for or give
time
for payment of any debts accepts a composition or omit to sue for debts
by them
or him deemed doubtful bad or desperate and pay claims on such proof or
evidence as they or he may think right and generally to act as they or
he may
think beneficial to my estate I appoint the said Samuel Richardson Cox
and
Francis Walker Cox executors of this my will I hereby revoke all former
wills
by me made. In with ness whereof I have
to this my last will and testament subscribed my name the tenth day of
December
One Thousand Eight Hundred and Seventy Three_________Henry
Tunaley___________Signed by the testator Henry Tunaley as his last will
and
testament in the presence of us present at the same time who at his
request in
his presence and in the presence of each other have subscribed our
names as
witnesses__________Wm Hy Sale, Solicitor Derby_______Henry Mills clerk
to Mr
Sale Solrs Derby
This
is a codicil to the last will and testament of me Henry Tunaley of
Derby in
the
county of Derby Dyer which will bears the date the tenth day of
December One
thousand eight hundred and seventy three.
Whereas I have in and by my said will given and bequeathed to my
nephew
Henry Tunaley the son of my brother Edward Tunaley mt Midland Derby
Common
Stock or howsoever otherwise better described And if I should have
parted with
and not be the owner of such stock at the time of my decease then I
have given
and bequeathed to my said nephew Henry Tunaley such a sum of sterling
money as
should be equivalent at the time of my decease to such stock. Now I do hereby entirely revoke such gifts
and bequests to my said nephew Henry Tunaley and I hereby give and
bequeath to
him in lieu thereof a legacy or sum of one hundered pounds sterling to
be paid
at the expiration of twelve calendar months from the time of my decease. I give and bequeath to each of the three
children of my said nephew Henry Tunaley namely Eliza, Kate or
Catharine and
Hannah Tunaley one share in my said Midland Railway Common stock or
howsoever
otherwise better described and if I shall have parted with and not be
the owner
of such stock at the time of my decease then I give and bequeath to
each of
them the said Eliza Kate or Catherine and Hannah Tunaley such a sum of
sterling
money as shall be equivalent at the time of my decease to one share in
such
stock. And in case any one or more of
them the said Eliza Kate or Catherine and Hannah Tunaley shall depart
this life
in my lifetime leaving lawful issue living at the time of my decease
such issue
shall be entitled to the share or legacy of such one so dying if more
than one
in equal shares as tenants in common.
And in case any one or more of them the said Eliza Kate or
Catherine and
Hannah Tunaley shall depart this life in my lifetime without having
lawful
issue her or them surviving living at the time of my decease then the
share or
legacy is given to her or them so dying and any accumulation by virtue
of this
clause shall go to the others or other of the said Eliza Kate or
Catherine and
Hannah Tunaley who shall be living at the time of my decease if more
than one
in equal shares as tenants in common and if there shall be but one to
such one.
And to the lawful issue (if any) living at the time of my decease of
each of
them the said Eliza Kate or Catherine and Hannah Tunaley as shall have
departed
this life in my lifetime leaving lawful issue.
In other respects I confirm my said will in witness thereof I
have to this
codicil to my said will subscribed my name the twenty sixth day of
January One
Thousand eight hundred and seventy four__________Henry
Tunaley___________Signed
by the testator Henry Tunaley as a codicil to his last will and
testament in
the presence of us present at the same time who at his request in his
presence
and in the presence of each other have subscribed our names as
witnesses_________Henry Mills_______Ernest Hy Pedley – Clerks to Mr
Sale Solcrs
Derby
Proved
at Derby
with a codicil the 23rd day of March 1874 by the oaths of
Samuel Richardson
Cx esquire and Francis Walker Cox esquire sons of Samuel Walker Cox
esquire the
nephews and the executors named in the will to whom administration was
granted. The testator Henry Tunaley was
late of No.5 Tenant Street Derby in the County of Derby and died on the
16th
day of February 1874 at Derby aforesaid.
Effects
under
£3000
Extracted
by J
& W Hy Sale, Solicitors, Derby
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