| Description | Desires to be buried about midnight in Aston parish church without pomp or show;
articles entered into by Holden upon his marriage are to be made good to his wife;
to his wife, mansion house at Aston for life and use of household goods, linen, plate, pictures and furniture there, but they are not to be removed, coach and chariot, 4 of the coachhorses, mares or geldings with harness, 2 of the saddle horses at her choice, £300 out of the arrears of rent at Foremark and Ingleby for her better support until the growing rents there shall become due and payable to her;
the reversion of all those manors, lands and tenements agreed by Holden's marriage settlement to be settled upon his wife for life, and all other lands etc. to nephew Robert Holden son and heir apparent of testator's brother, Alexander Holden, and to Joseph Greaves of Ingleby, and their heirs upon trust that (after debts and legacies are paid) they shall pay one half of the rents and profits to testator's son in law James Shuttleworth esquire during the joint lives of himself, his now wife and Richard Shuttleworth esquire his father, the other half of rents and profits to testator's daughter Mary Shuttleworth for life, not subject to the debts or control of her husband, and as the aforesaid estates shall determine, the manors, lands etc. to the second son of James and Mary Shuttleworth and his heirs male, with remainders to the 3rd, 4th, 5th etc. sons in priority of birth and their heirs male, provided that such son or sons and their heirs male shall take the aims and surname of Holden after the age of 21, provided also that if any such younger son or sons shall by the death of an elder brother become inheritable to the Shuttleworth estate, then what is hereby devised to such second son or other younger son shall cease and shall go to the next younger brother and heirs male, provided that if James and Mary, or James if he survive Mary, think the 3rd or any other younger son more worthy of what is hereby devised, then they or he may appoint the properties to any other younger son;
if there are no younger sons or all die without issue male, estate is to go to James and Mary's eldest son and heirs male, with successive remainders to Mary for life, 2nd, 3rd, 4th etc. younger son or sons by any after taken husband(s), in priority of birth, and upon same conditions as for sons of James and Mary, eldest son of Mary by any after taken husband, nephew of testator, Millington Holden for life, his son and testator's godson Robert for life, Lancelot Rolleston of Watnall, county Nottingham esquire and John Rolleston Rector of Aston and their heirs during the life of said godson in trust to preserve the contingent remainders hereinafter limited, godson's first son and heirs male, his other sons successively and heirs male, Alexander Holden, testator's brother for life, nephew Robert Holden for life, Lancelot Rolleston and John Rolleston as above in trust as above, first son of Robert the nephew and heirs male, other sons successively and heirs male, testator's nephew Alexander Atkinson Holden, younger son of Alexander Holden for life, Lancelot and John Rolleston as above in trust as above, first son of Alexander Atkinson Holden and heirs male, other sons successively and heirs male;
in case what is devised to James Shuttleworth shall determine before the birth of a second son, what is given to him is to go to Mary his wife until the birth of a second son, and from its birth then a competent part of the rents and profits of what was given to James as also what is given to Mary, from and after her decease, shall be applied to maintain and educate such second son, the residue to be placed out at interest by James, and Holden 's trustees for the 2nd or other younger son's benefit who shall be entitled as above, and when the same amounts to £1,000, it is to be laid out in purchase of property in Derbyshire or an adjacent county and settled upon the second or other younger sons in tail male as above, but the 2nd or younger son shall only be entitled to a competent maintenance out of what is here devised until he is 25, unless James Shuttleworth thinks fit;
in case a life or lives die by whom testator holds his lease of Sawley or Sallow prebend and there is insufficient money of the personal estate to pay the renewal fine, the trustees are to mortgage the prebendal estate to pay the fine, and to use the profits of the prebend to pay off the mortgage;
to son and daughter Shuttleworth (after death of testator's wife) the capital seat or mansion house at Aston with use of furniture and gardens etc. during their lives, but if James survive his wife, then he is to enjoy them only during the life of Richard Shuttleworth his father;
20s. annually for bread for poor of Aston and 10s. yearly for bread for poor of Wilne and Shardlow, for 21 years, to be distributed on same day as late father's dole;
£40 to 3 children of late servant Benjamin Slater;
to nephew Robert son of Alexander Holden, all his law books;
to Sir Robert Burdett Bart, his lady and his 5 sisters, nephew John Rolleston, brother Alexander Holden, Alexander's wife, brother and sister Pole [testator's sister Mary and husband Reverend Samuel Pole] £10 apiece for mourning;
to old servantJoseph £50, his son Joseph testator's godson £5 piece of gold and his wife £10 for mourning;
surplus of personal estate to trustees to lay out in land to be settled as before devised;
the Advowson of Aston to go along wth the lands. Son and daughter Shuttleworth appointed executors.
Codicil: Whereas since making will testator has renewed Wilne and Sawley prebend and rectories lease, he now appoints the prebend and rectories to go to the same persons as is appointed in the body of the will;
to wife, stock of hay, straw and corn, meat, drink, and other provisions for housekeeping use about his house at decease, horses cows, other livestock, use of carts, wagons, implements of husbandry during her life;
whereas legal estate in almshouses at Nungreen, Derby, and lands belonging, of the foundation of Edward Large gentleman, is in testator by survivorship, devises same to son in law and to nephews Lancelot Rolleston esquire and Robert son of Alexander Holden, in trust to permit whoever is entitled to manors, lands etc. by virtue of bequests in testator's will, to nominate clergymen's widows to vacancies in the said almshouses. (10 Nov. 1745)
Not dated [? contemporary] |