Samuel Lynam 1749 – 1815

Will of Samuel Lynam born 14/11/1749 Heage died 27/11/1815 Heage.

This is the last will and testament of me Samuel Lynam the Elder of Heage in the County of Derby, Gentleman. As follows (that is to say) I give and devise all my Messuages Lands, Tenements, Hereditaments and Real Estate situated standing and being at Heage and in the parish of Duffield aforesaid and elsewhere in the said County of Derby, with their respective rights and appurtenances unto my friend William Street of Alderwasley in the said County of Derby, Yeoman. To hold the same unto him the same William Street and his heirs. To the uses upon the Trusts and for the intents and purposes and with and subject to the power and provisions hereinafter expressed and declared of and concerning the same(that is to say)
As to and concerning all that piece or parcel of land situate and being on Belper Ward in the said County of Derby and the Wind Grist Mill, Stable and Outbuildings thereon erected now in the occupation of Mr William Langton. And also all those two Messuages or Dwelling houses situate and being next the Swinney Well Road on Belper Ward aforesaid and the Gardens thereunto respectively belonging now in the occupation of Mr Abraham Harrison or his undertenant.

And also all those two other Messuages or Dwelling houses and Gardens thereunto respectively belonging situate and being at Heage aforesaid which I lately purchased of Samuel Jackson with their respective rights and appurtenances, to the use of my eldest son Samuel Lynam and his assigns for and during the term of ninety nine years to commence and be computed form the time of my decease and fully to be complete and ended if he my said son shall so long live without impeachment of waste, and from immediately after the determination of the said term and subject thereto to the use of the said William Street and his heirs during the life of my said son, in trust by the usual ways and means to support and preserve the contingent uses and estates from being defeated or destroyed, but never the less to permit and suffer my said son and his assigns during his life to receive and take the rents and profits thereof for his and their own benefit, and from immediately after the decease of my said son, to the use of the first, second, third and all and every other the son and sons of my said son Samuel lawfully begotten and to be begotten severally successively and in the remainder on after the other as they respectively shall be in Seniority of age and priority of birth and to their respective heirs, so as the elder of such sons of my said son Samuel and his heirs shall be always preferred and to take before the younger and his heirs.
And in default of such issue, to the use of all and every the daughter and daughters of my said son Samuel lawfully begotten and to be begotten equally to be divided between and amongst them, if more than one, and their heirs share and share alike as tenants in common and not as joint tenants, and if there shall be but one such daughter to the use of such only or surviving daughter and her heirs and in default of such issue,then to the use of my sons Joseph Lynam and James Lynam and my daughter Mary Bunting and their respective heirs share and share alike to take as tenants in common and not as joint tenants.
And as to for and concerning all those two Messuages or Dwelling houses and Gardens thereunto respectively belonging, and three Nail Shops situate and being on Belper Ward aforesaid in the occupation or possession of the said Abraham Harrison or his undertenant,
And also all those two copyhold customary closes of parcels of land and also all those four several Messuages or Dwelling houses and Gardens there unto respectively belonging and situated standing and being at Cow Hill in the liberty of Belper aforesaid in the respective occupation of my said son Joseph Lynam and Adam Walker, held of the Manor of Duffield aforesaid, and which I have duly surrendered to the uses of my last will with their respective rights and appurtenances, to the use of my said son Joseph Lynam and his assigns for and during the full end and term of ninety nine years to commence and be accounted from the time of my decease and fully to be completed and ended if he my said son Joseph Lynam shall so long live without impeachment of waste and from and immediately after the determination of the said term and subject thereto to the use of the said William Street and his heirs during the life of my said son Joseph Lynam. In trust by the usual ways and means to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, But never the less to permit and suffer my said son Joseph Lynam and his assigns during his life to receive and take the rents and profits thereof for his and their own benefit, and from and immediately after the decease of my said son Joseph Lynam, to the use of the first, second, third and all and very other the son and sons of my said son Joseph Lynam, lawfully begotten and to be begotten severally successively and in remainder one after the other as they respectively shall be in seniority of age and priority of birth and to their respective heirs, so as the elder of such sons and his heirs shall be always preferred and to take before the younger and his heirs and in default of such issue, to the use of all and every the daughter and daughters of my said son Joseph Lynam lawfully begotten and to be begotten equally to be divided between and amongst them if more than one, and their respective heirs share and share alike as tenants in common and not as joint tenants, and if there shall be but one such daughter, to the use of such only or surviving daughter and her heirs and in default of such issue then to the use of my said sons Samuel Lynam and James Lynam and my daughter Mary Bunting and their respective heirs share and share alike as tenants in common and not as joint tenants.
Provided always and my will is and I do order and direct that the Footway or Path leading to the said Gardens situate and being on Belper Ward aforesaid, herein before limited in use to my said sons Samuel Lynam and Joseph Lynam for their respective lives with remainder to the several uses herein before declared, shall be held and enjoyed by the person or persons who for the time being shall be with held to the said respective Gardens as of right for the mutual convenience and of the respective occupiers thereof.
And as to for and concerning all that Message or Dwelling house situated standing and being at Heage aforesaid, wherein now I do reside, and the Garden, Orchard and Outbuildings thereunto belonging and therewith now enjoyed.
And also the Malt Offices and Outbuildings there unto adjoining and belonging in the occupation of Daniel Norman.
And also all those my eleven twenty fourth individual parts or shares(the whole into twenty four equal parts or shares to be divided) of land in all those Closes on parcels of land situate and being at TOAD MOOR in HEAGE aforesaid containing together nineteen acres or thereabouts now in my own occupation.
And also those several pieces or parcels of land situate and being in HEAGE aforesaid here to a fore purchased by me of and from my late Brother Thomas Lynam, and of the trustees and devises under his last will with their respective rights and appurtenances, to the use of my said son James Lynam and his assigns for and during the full end and term of ninety nine years if he my said son James Lynam shall so long live,without issue, impeachment of waste, and from and immediately after the determination of the said term and subject thereto to the use of William Street and his heirs during the life of my said son James Lynam, intrust by the usual ways and means to support and preserve the contingent uses and estates hereinafter limited form being defeated or destroyed. But never the less to permit and suffer my said son James Lynam and his assigns during his life receive and take the rents and profits thereof to and for his and their own benefit and form and immediately after the decease of my said son James Lynam. To the use of the first, second,third, and all and every of the son and sons of my said son James Lynam lawfully begotten and to be begotten severally successively and in remainder one after the other as they respectively shall be in seniority of age, and priority of birth and to their respective Heirs so as the elder of such sons and his heirs shall be always preferred and to take before the younger and his heirs, and in default of such issue to the use of all and every the daughter and daughters of my said son James Lynam lawfully begotten and to be begotten equally to be divided between and amongst them if more than one and their respective heirs share and share alike as tenants in common and not as join tenants, and if there shall be but one such daughter to the use of such only surviving daughter and her heirs and in such default of such issue then to the use of my said sons Samuel Lynam and Joseph Lynam and my daughter Mary Bunting and their respective Heirs share and Shall alike to take as tenants in common and not as joint tenants.
And as for and concerning all those six several Messuages or Dwelling houses lately erected on a part of Riley Croft in Belper aforesaid and the Gardens there unto respectively belonging and occupied therewith in the possession of George Benson Strutt Esquire or his undertenant with their respective rights and appurtenances to the use of my said daughter Mary Bunting and her assigns for and during the full end and term of ninety nine years to commence and be accounted from the time of my decease and fully to be complete and ended if she my said daughter shall so live, without impeachment of waste for her sole and separate use exclusively and independently of and not subject to the debts control or engagement of her present or any future husband and form and immediately after the determination of the said form and subject hereto to the use of the said William Street and his heirs during the life of my said daughter, In trust by the usual ways and means to support and preserved the contingent uses and estates here in after limited from being defeated or destroyed but never the less to permit my said Daughter and her assigns during her life to receive and take the rents and profits thereof for her and their own benefits and form and immediately after the decease of my said daughter to the use of the first, second, third and all and every other the son and sons of my said daughter lawfully begotten and to be begotten severally successively and in remainder one after the other as they respectively shall be in seniority of age and priority of birth and to their respective heirs, so as the elder of such sons and his heirs shall be always preferred and to take before the younger and his heirs and in default of such issue, to the use of all and ever the daughter and daughters of my said daughter Mary Bunting lawfully begotten and to be begotten equally to be divided between and amongst them if more than one and their respective heirs share and share alike to take as tenants in common and not as joint tenants and if these shall be but one such daughter to the use of such only or surviving daughter and her heirs and in default of such issue then to the use of my said sons Samuel,Joseph, and James and their respective heirs share and share alike to take as tenants in common and not as joint tenants.
Provided always and my will further is and I do hereby order and declare that shall and may be lawful to and for the said William Street and his assigns from time to time and are any time or time hereafter during the lifetime of the aforesaid respective tenants for life at his her or their request and direction testified by some writing under his or her or their hand and seal attested by two or more creditable witnesses to make sale or dispose of and to grant bargain sell and relieve or to convey in exchange for or in lieu of other lands tenements and Hereditaments, all or any part or parts of the said lands tenements and Hereditaments comprised in the said respective terms and of the Inheritance thereof in fees sample, and that the receipt of the said William Street and his heirs to the purchaser or purchasers thereof shall be good and effectual discharge and discharges for such purchase money and monies or so much thereof as shall therein be respectively acknowledged to be received and that such purchaser or purchasers his her and their respective heirs executors or administrators shall not be answerable to accountable for any loss misapplication or non application thereof,
Provided also and I do hereby expressly declare my will to be and I do further order and direct that the whole of the money and monies arising and to arise from the sale and disposition of the said several herein before devised premises or any part thereof ( in case any shall be made)shall be laid out and applied in the purchase of other lands tenements and Hereditaments of inheritance of greater or equal value near to and convenient to be held with the lands and Hereditaments here in before devised as aforesaid , or so to be purchased or to taken and accepted in exchange in pursuance of this my will,
And that the said lands tenements and Hereditaments so to be purchased or taken and accepted in exchange shall be conveyed limited and assured to such and the same uses trusts and purposes as the lands tenements and Hereditaments which shall be so sold or conveyed in exchange is or are and stand limited by this my will, respectively immediately before and at the time of such sale or exchange or as neat there to as the nature of the tenure and circumstances will permit.
Providing also and I do hereby further declare that is shall and may be lawful to and for the aforesaid tenants for life respectively during his and her lifetime, with the consent and approbation of my said trustee or his heirs or the person or persons respectively who shall be entitles to the next immediate estate of freehold.
Therein from time to time to fell and cut down such timber trees growing on his or her respective estate and premises here in before devised, or which may be purchased or conveyed in exchange as a fore said, as shall be of a fit and proper growth to cut, for the necessary repairing and rebuilding of any of the Messuages or buildings upon such respective estate and premises or for the improving of the same And to sell and dispose of the said timber or so much thereof as shall not be necessary for such repairs or improvements and not employed therein, to and for his her and their own benefit.
And I also give and bequeath all and singular my goods, cattle, chattels,personal estate and effects whatsoever and where so ever and of what nature or kind so ever (subject to the payment of my just debts and funeral and testamentary expenses) unto my said son James Lynam his executors and administrators.
And I do hereby nominate and appoint my said trustee William Street and my said son James Lynam joint executors of this my last will and testament.
And I do hereby direct that my said trustee and executors and their respective heirs executors and administrators shall be charged and chargeable only with or for so much of the said trust monies and premises as they shall respectively actually receive, nor for the loss which may happen by the insolvency of any banker or bankers or the insufficiency of any security with whom or where on the same or any part there of may be lodged or placed, and that the one of them shall not be answerable or accountable for the other of them or for the acts receipts or wailful defaults of the other of them, but each of them for his own acts and defaults only.
And that they my said trustee and executors and each of them their and each of their heirs executors and administrators shall and may out of the monies that may come to their respective hands by virtue of the trusts aforesaid retain and reimburse themselves and himself all costs charges and expenses which they or Other of them may sustain expend or be put into or about the execution the the trust a fore said or in any wise relating thereto.
And lastly I do hereby revoke and declare void all former will and wills me made and declared this only to be and contain my last will and testament.
In witness of the said Samuel Lynam the elder, the testator have to this my last will and testament contained in this and the four preceding sheets of paper set my hand and seal (that is to say) my hand at the bottom of each of the said former sheets of paper, and my hand and seal to this the fifth and last sheet, this eighteenth day of July in the year of our Lord Christ one thousand eight hundred and twelve.
Signed Samuel Lynam

Signed, sealed, published and declared by the said testator Samuel Lynam the elder as and for his last will and testament in the presence of us, who at his request in his presence, and in the presence of each other have here unto subscribed our names as Witnesses to the due execution hereof.
Joseph Gration, George Mellor, Benj: Richardson
At Alfreton Hall 7th day of April 1816

Let a Probate of the Will be granted to James Lynam of Heage in the county of Derby, Farmer one of the executors reserving as power for William Street of Alderwasley in the said county, Yeoman, the other executor.
Being duly sworn also that the personal estate is not of the value of £20
Before me, Chas Buckeridge : Sur