In the Name of God Amen – This is the last Will and Testament of me Benjamin Drawwater of Mansfield in the County of Nottingham, Surgeon, made the twenty eighth day of December in the year of our Lord one thousand eight hundred and four, as follows –
I give and devise all and every my Messuages, Cottages, Closes, Lands, Tenements and Hereditaments with their Appurtenances situate and being at Mansfield aforesaid, and at Kilbourn in the County of Derby, and at Sherbrook in the said County of Derby, or elsewhere, unto my beloved Wife Dorothy Drawwater and her Assigns for and during the term of her natural life if she so long continues my Widow and unmarried,
Also I give and bequeath unto my said beloved Wife Dorothy Drawwater the use of all my money in the Funds and of all other my monies out at Interest, and the use of all my Household Goods and personal Estate whatsoever for and during the term to her natural life is she so long remains unmarried, subject to the payment of all my just Debts and Funeral Expences,
But in case my said Wife shall marry again then I revoke all and every the said devises and bequests so by me made to her, and from her marrying again I give and devise unto my said Wife and her Assigns for and during the term of her natural life One Annuity or clear yearly Rent charge of (space) pounds of lawful money of Great Britain, free from all deductions whatsoever, whether Parliamentary or otherwise, to be yearly and every year issuing and payable to her out of all and every my Real Estates situate at Mansfield, Kilbourn and Sherbrook aforesaid, at two equal half yearly payments in each year upon the twenty fourth day of June and the twenty fifth day of December, the first of such payments to begin and be made upon such of those days as shall first happen after the marrying again of my said Wife, and my Will is that it shall and may be lawful to and for my said Wife and her Assigns from time to time in case of non-payment of the said Annuity or any part thereof, to raise the same by distress and Sale upon all or any part of the said premises charged therewith, together with the costs and charges of such distress and Sale, distresses and Sales, and I hereby declare that the said Annuity so made to my said Wife is in full Bar and satisfaction of and for all Solar (?) or thirds at common Law or other customary shares whatever which she, my said Wife, might otherwise have or claim or be entitled to of or in all and every or any of my said Real Estates before mentioned, and I also declare that the Receipt of my said Wife alone and under her hand shall from time to time be a good discharge to the person or persons paying the said Annuity for so much thereof for which such Receipts shall be given,
Also, from and after the decease or marrying again of my said Wife which shall first happen, I give and devise unto my Son Augustus Benjamin Charles Toplis Harrogate all that my Messuage, dwelling house or Tenement wherein I now dwell, with the Outbuildings, Yard, Garden and Appurtenances thereto belonging, and also all that Seat or Pew in the Parish Church of Mansfield aforesaid now occupied with the said messuage and also all that close or parcel of Inclosed (?) Land situate in Lady Brook Lane in Mansfield aforesaid, now in my own possession, with all the rights, members and Appurtenances to the same belonging, to hold the same Messuage, Close, Hereditament and premises last mentioned unto my said Son, his Heirs and Assigns for ever, charged with the payment of a proportionate part of the said Annuity to my said Wife in case of her marrying again as aforesaid,
Also, from and after the decease or marrying again of my said Wife I give and bequeath to my daughter Mary Drawwater all my money in the Funds and also all my other money which shall be out at Interest at the time of my death to and for her own use and benefit.
Also from and after the decease or marrying again of my said Wife I give and devise unto my Son Augustus Benjamin Charles Toplis Drawwater all and every my Messuages, Cottages, Closes, Lands, Testaments and Hereditaments with their Appurtenances situate and being at Sherbrook in the County of Derby, to hold to him my said Son and his Assigns for and during the term of his natural life. And from and after his decease, I give and devise the said last mentioned Hereditaments and premises with their Appurtenances unto all and every the Child and Children of my said Son, as well Daughters as Sons, and to their several and respective Heirs and Assigns for ever to take as Tenant in common if more than one, and if but one Child then to the use and behoof of such only Child, his or her Heirs and Assigns for ever.
But if my said Son shall die without leaving any lawfully begotten issue of his Body, or there being such if all of them shall happen to die under the age of twenty one years without leaving any issue of his, her, or their Body or Bodies lawfully begotten, then I give and devise the said last mentioned Hereditaments and premises with their Appurtenances situate in Sherbrook in the County of Derby aforesaid unto my daughter Mary Drawwater her heirs and Assigns for ever.
And from and after the decease or marrying again of my said Wife, I give and devise unto my said daughter Mary Drawwater and her Assigns for and during the term of her natural life all and every my Messuages, Closes, Lands, Tenements and Hereditaments with their Appurtenances situate and being at Kilbourn in the County of Derby, and from and after her demise I give and bequeath the said last mentioned Hereditaments and Premises with their Appurtenances unto all and every the Child and Children of my said Daughter, as well Daughters as Sons and to their several and respective Heirs and Assigns for ever to take as Tenants in Common if more than one, and if out (only?) one Child then to the use and behoof of such only Child his or her Heirs and Assigns for ever
But if my said Daughter shall die without leaving any lawful issue of her body, or their being such if all of them shall happen to die under the age of twenty one years without leaving any issue of his her or their body or bodies lawfully begotten, then I give and devise all and every the said last mentioned Messuages, Closes, Lands, Tenements and Hereditaments with their Appurtenances unto my Son Augustus Benjamin Toplis Drawwater his Heirs and Assigns for ever. And I hereby charge the said last mentioned Herditaments and Premises in whose Hands soever the same may happen to be, with a proportionate part of the said Annuity to be paid to my said Wife as aforesaid,
Also from and after the decease or marrying again of my said Wife I give and bequeath all the Residue and remainder of my money and Securities for money, personal Estate and Effects whatever not before disposed of, unto my said Son and Daughter to be equally divided between them share and share alike
And I do give and bequeath the sum of twenty guineas to be placed out in such good and secure Interest as my Executrix and Executor hereinafter mentioned shall think fit, the Interest of which said bequest I do direct shall be laid on Christmas Day annually six penny white loaves of Bread and one loaf of the value of six pence to be given to every poor family in the Parish of Eastwood in the County of Nottingham for ever,
And lastly I hereby constitute and appoint my said Wife Dorothy Drawwater and Charles Toplis of Heanor in the County of Derby, Gentleman, joint Executrix and Executor of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness whereof, I the said Benjamon Drawwater the Testator have to this my last Will and Testament set my hand and Seal this twenty eighth day of December in the year of our Lord one thousand eight hundred and four B. Drawwater.
Signed, Sealed, published and declared by the said Benjamin Drawwater 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 signed our names as Witnesses hereto –
John Savage Wm. Taylor Thos. Lancashire Witnesses to the above Will.
This Copy agrees with the original Will of the said Benjamin Drawwater deceased proved in the Prerogative Court of York having been duly compared & examined therewith by me Fredrk. Wm. Storry Noty. Publick 13 March 1816.
Proved at London 1 June 1816 before the Judge by the oaths of Dorothy Drawwater Ww. the Relict & Charles Toplis the Exors. to whom Admon. was granted havg. been first sworn by Comon. Duly to Admin.
Cliff Thornton, August 2003