Joseph Lynam 1753 – 1810

The will of Joseph Lynam born 20/10/1753 died 8/11/1810

This is the last will and testament of Joseph Lynam of Heage in the parish of Duffield in the County of Derby, Cordwainer.
First I will and direct that all my just debts and funeral expenses and the expenses of proving this will be fully paid and discharged by my executors hereafter named out of my personal estate as soon after the time of my decease as may be.

And I give devise and bequeath all and every my freehold and messuages Dwellings or Tenements closes, Lands, Hereditament, and Premises situated standing lying and being at Heage and Fritchley or elsewhere in the County of Derby, with their and every appurtenances.
And also all and singularly my household goods and furniture, quick and dead stock, money and securities, for many personal estate, effects and premises of what nature of kind soever and wheresoever that shall remain after payment of my said just debt personal expenses and the expenses proving this my will.

Unto my dear and loving wife Hannah Lynam. To hold to my said wife Hannah Lynam and her assignees for and during the rest of her natural life, provided she continue my widow and unmarried. And in order to prevent as much as possible any part of my personal estate effects and premises from suffering any wilful injury or loss during the life of my said wife other than in what may happen from the common use or casualties alluding the same, I do hereby direct my said executors to take a true and exact schedule and inventory thereof with an undertaking from my said wife not to commit or suffer any other than common and accidental waste to come to the same.

And from immediately after the decease or second marriage of my said wife which shall first happen. I do hereby will and direct that the whole of my said personal estate and effects shall be absolutely sold or disposed of by my said executors and the money arising from each sale and disposition shall be put aside placed out at interest until the legacies hereinafter bequeathed shall become due and payable, and when and so soon as the same shall become due and payable, I do hereby will and direct that the same shall be placed and applied in satisfaction and discharged of the said several legacies and bequests so far as the same will exceed and pay.

And so far and concerning my said Freehold estate after the death of the second marriage of my said wife, I do hereby will and dispose of as hereafter mentioned, that is to say,

I give and devise all that Messuage Dwelling House or Tenement with the garden and appurtenances thereto belonging situated standing and being at Fritchley aforesaid in the possession of Benjamin Gell and also all those two closes, pieces or parcels of land or ground situated at Fritchley aforesaid and adjoining to the said Messuage, and lying above the Gary Road called by the name of Dove Lands and also the said Gary Road unto my son Joseph Lynam.

to hold to my said son Joseph Lynam his heirs and assignees forever, subject and charged and chargeable as hereafter mentioned.

Also I give and devise all those of my two other closes pieces or parcels of land or ground situated lying at Fritchley aforesaid and which were formerly part and parcel of the said two closed here before mentioned, but are now divided and parted therefore by the said Gary Road and are lying below the same unto my son William Lynam and his heirs and assignees subject and charged and chargeable as hereafter mentioned.

Also I do give and devise all that my Dwelling House or tenement and Homestead with the croft and garden there to belonging situated standing, lying and being at Heage aforesaid, and now in my own possession, unto my son Thomas Lynam, to hold to my said son Thomas Lynam his heirs and assignees forever, subject and charged and chargeable as hereafter mentioned. Provided always and it is my will and mind that in case any of my said sons Joseph Lynam, William Lynam, and Thomas Lynam shall happen to die before my said wife, without leaving any lawful issue of their body or bodies, then I do give and devise the said Hereditaments and premises so give and devise to such of these my said sons so dying unto the survivor and survivors of them, and unto my son James Lynam, and to their several and respective heirs and assignees for ever as tenants in common and as joint tenants subject as aforesaid.

Also I give and bequeath unto my said son James Lynam the sum of Fifty Pounds of lawful money and unto my daughter
Hannah now the wife of Samuel Shaw,
Sarah now the wife of John Vallance,
Ann Lynam
Susannah Lynam and
Rebecca Lynam
each the sum of Thirty Five Pounds apiece of like lawful money all which said legacies I do hereby will and direct shall be paid and discharged to the several and respective legatees by my said executors out of the proceeds of my said personal estate to be raised as aforesaid when and so soon as my youngest daughter shall arrive and come to her age of twenty one years, in case my said wife shall be dead or married again, but incase my said wife shall be living and my widow. I do will and direct the same to be paid the the several legatees at the end of six months after my death or on second marriage of my said wife. And it is my will and mind that in case proceeds of my said personal estate and effects shall not be sufficient for the payment of the said legacies and bequests aforesaid then I do hereby charge and make chargeable all and every my Messuages, Closes, Lands, Tenements, and Hereditaments to be therefore given and devised to my said sons as a aforesaid with the payment of so much there of as my said personal estate and effects shall fall short of satisfying.

And I do hereby will and direct that the part of share which each of my said sons Joseph Lynam, William Lynam, and Thomas Lynam and their respective heirs and assignees shall bear and pay toward satisfying the said several legacies and bequest aforesaid shall be in proportion to the respective values of the Hereditament and premises, so as respectively devised to them as aforesaid, such value to be aforesaid by these unidentified persons to be chosen by my said sons their heirs and assignees.

Provided always that of any of my said daughters shall happen to died before their said several and respective legacies shall become payable and leaving no lawful issue then I do hereby will and direct that the legacy or legacies of her or them so dying shall go and be divided to and amongst the survivor and survivors of them and their several and respective executors and administrators and assignees for ever.

And lastly I do hereby nominate, constitute and appoint my said sons Joseph Lynam, and James Lynam joint executors of this my said will and Ido hereby will and direct that they so have to and settle between themselves-----they shall always bear the expenses or be put unto in and about the execution of or in anywise relating to their will.

In Witness whereof I have to this my will consisting of three sheets of paper put my hand and seal to wit to my hand to the ford and second sheets thereof and my hand and seal to the third and last sheet thereof of this sixteen day of December in the year of our Lord one thousand eighteen hundred and four.

Signed Joseph Lynam

Signed sealed publish and declared I beg the
said Joseph Lynam the testator as said for his last
will and testament.
In his presence and the presence of
one another have subscribed our names as
witness hereto.

William Fritchley
Joseph Whilton
Charles Whawell

In Alfreton Hall the 1st May 1811 the probate be granted to Joseph Lynam and James Lynam of the parish of Duffield the executors.
Testator died six Nov last

Being first sworn that the personal estate does not amount to £100
before me
Richard Buckeridge.

 

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