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Will of Anthony DEBANKE of Matlock Papermill, 1814
Nineteenth Century Will Transcript
 


Anthony Debanke was buried at Matlock in 1814. See Burial info
His Will, which is held by Staffordshire Record Office[1], was written just over a month before he died.

 
In the name of God Amen. I Anthony DEBANKE of Matlock Papermill in the county of Derby, paper manufacturer, being weak in body, but of sound and disposing mind memory and understanding do make publish and declare this to be my last will and testament, in manner following, that is to say, In the first place I will and direct that all my just debts, funeral expenses and the charges of proving this my will be full paid off and discharged by my executrix and executors herinafter named and appointed as soon as conveniently may be after my decease out of my personal estate. I give and devise my messuage dwelling house or tenement, with the garden and appurtenances to the same belonging, situate standing and being in a place called Scarthinnick, in the parish of Matlock aforesaid and now in my possession, and also my twenty fourth share of a certain lead mine called Pearsons venture, situate in the liberty of Crich, in the said county of Derby, and also my seventh second share of a certain sough situate in in the same liberty called Ridgeway Sough, into and to the only proper use and behoof of my dear wife Martha DEBANKE her heirs and assigns forever. I give and bequeath my household furniture beds bedding plate linen china and all other household utensils in and about my dwelling house situate near the papermill aforesaid into my said wife Martha DEBANKE to and for her sole and absolute use benefit and disposal. I do hereby nominate constitute and appoint my said wife Martha DEBANKE my brother Joshua DEBANKE and Withnall CLARKE gentleman of Derby in the county of Derby executrix and executors of this my last will and testament. I give and bequeath the leases of the paper mill, and of the land and premises aforesaid and the use benefit and advantage thereof respectively, together with the proceeds and emoluments of my trading concessions and concerns, and also the use and benefit of all my stock in trade, fixtures machinery and other matters and things in and about the said mill, book debts and all other my personal estate and effects ( except what I have hereinafter absolutely disposed of to my said wife) into my said wife Martha DEBANKE, the said Joshua DEBANKE and Withnall CLARKE.
Their executors administrators and assigns upon trust and for the purposes hereinafter mentioned that is to say , in trust that my said wife Martha DEBANKE her executors administrators and assigns shall and do carry on in her own name the trade or business of paper manufacturing and disposing of the same when so made during the remainder of the leases respectively if she thinks proper so to do and I will and direct that she shall receive the emoluments produce and profits of the said concerns and businesses into her own proper hands during the time she continues in business in order that she may apply the same in maintenance of herself and family in manner hereinafter mentioned. I direct that my son John DEBANKE with the joint permission of my said wife the said Joshua DEBANKE and Withnall CLARKE be employed as an agent in the general management of the said business of buying materials for and making and selling paper, and in taking orders receiving and paying money and keeping the accounts in the name of my wife in proper books to be provided by her for that purpose, and that he my said son John DEBANKE renders accounts to her my said wife and my other executors of all orders taken in and supplied and of all paper deliveries out and any goods received in with all invoices letters papers and vouchers of all transactions and dealings, and that he shall exhibit the same on being asked so to do to her then or any other persons thereof they may appoint to inspect the same, and also that all such books, be left at the dwelling house of the said Martha DEBANKE for inspection as often as she may require the same, and at least if wanted once per month, and that the cash and other incidental running accounts be settled balanced and the money paid if required every three months, and that a general balance and setting between them my said wife Martha DEBANKE and John DEBANKE takes place every half year and after such balances shall be duly made and audited, and after all payments and disbursements losses damages expenses repairs rents and other matters are deducted out of the whole produce and incomes of the said concerns in the hands of my said wife, then I do will and direct that my said wife do retain and pay unto the said John DEBANKE one third part of the net profit of the said concerns and businesses as a remuneration and by way of salary for his labour diligence and attendance and trouble in managing the same concern, and for the purpose of enabling him to pay his own rent taxes and family disbursements, and I direct that my said son John DEBANKE be employed by my said wife as long as he pleases and they can agree, provided he conforms to the orders regulations and duties by this my will required of him. And that while he is so employed by my said wife he shall not follow and other trade business or employment, and that notwithstanding such agency so vested in my said son I request that my said wife Martha DEBANKE shall have the power of appointing hiring taking and discharging any other agent foreman apprentices or other servants in the said concerns and businesses. And I do hereby will and direct that the other two thirds of the said net profit and produce to be paid and applied by my said wife Martha DEBANKE in the maintenance, education and bringing up of my said children in such manner as she with the advice and direction of my said other executors may think most for their benefit and advantage and I will and direct that my said wife her executors and administrators, with the advice of the said Joshua DEBANKE and Withnall CLARKE shall be at liberty to advance or not advance such sum or sums of money out of the property so vested in them to any of my children from time to time as well those of age or coming of age or afterwards on their entering into business as can be conveniently spared and as she my said wife her executors or administrators shall think proper to be advanced; but in case my said wife Martha DEBANKE should at any time be minded to leave off business at the present mill I will and direct that they my said wife and the said Joshua DEBANKE and Withnall CLARKE shall and do sell and dispose of my said leases stock in trade fixtures and all other my personal estates unto and to the only proper use and behoof of my said dear wife Martha DEBANKE her executors administrators and assigns to and for her own absolute use and benefit in order that she may apply the same either in trade or otherwise as she shall think proper, and in this case I desire my executors to give her their best advice and directions. And I do hereby will and direct that my said executors shall and do deduct retain and reimburse themselves all reasonable costs charges and expenses as they or any of them shall suffer sustain expend or be put unto in the execution and performance of the executorship of this my will. And lastly I do hereby revoke all former and other wills and wills by me at any time hereto for made and do declare this to be my last will and testament contained on three sheets of paper set my hand and seal in manner following that is to say, to the tow first sheets I have set my hand only and to this third and last sheet my hand and seal this sixteenth day of September in the year of our lord one thousand eight hundred and fourteen.

Signed sealed published and declared by the said testator Anthony DEBANKE as and for his last will and testament in the presence of us who in his presence and at his request have hereunto subscribed our names as witnesses.

Signed Joshua TOMISSON, William TOMISSON and Charles WILD.
Probate was granted the 14th April 1815

Transcribed by and transcript copyright © Robert Burns.

References (coloured links go to transcripts or information elsewhere on this web-site):

[1] See both Places to find & obtain these wills and About Wills


There is further information on the following pages:

Strays D
Hatches Matches & Dispatches - Matlock Parish Church Baptisms, Marriages and Burials. See' for example, Marriages, Brides and Grooms D
Martha, Anthony's widow, was still alive at the time of the 1851 Census
Matlock Paper Mill was in what is now Matlock Bath. See Arkwright and His Cotton Mill
The paper mill was built by a Mr. George White of Winster and a Mr. Robert Shore of Snitterton (see Wolley Manuscripts, vol 6670 f.90d and Wolley Manuscripts, vol 6671 ff.310-313). Following Anthony Debanke's death John Skidmore eventually took over the business.