William Smith of Ab Kettleby 1841 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1841
This is the last Will and Testament of me William Smith of Abb Kettleby in the County of Leicester Tanner
I give and devise all those my two Closes or Grounds enclosed situate and being in Stathern in the said County called respectively the Turnbril Close which contains about Ten Acres and Wilford’s Close which contains about Five Acres and half unto my Wife during such part of her natural Life as she shall continue my Widow And after her Decease or second Marriage I give and devise the said Close called the Turnbril Close unto my eldest Son William Smith his heirs and Assigns for ever and after her decease or second marriage as aforesaid I give and devise my said Close called Wilford’s Close to my youngest Son John Smith his heirs and Assigns for ever
I give and bequeath all my farming Stock, Household Furniture Money Securities for money and all other my Personal Estate and effects whatsoever and wheresoever unto my Nephew Henry Bickley of Melton Mowbray and my Friends John Cobley & James Bampton both of Stathern aforesaid Farmers Upon Trust to pay my Debts funeral and Testamentary Expences and to stand possessed of the residue thereof for the equal Benefit of my said two Sons to be paid to and vested in them on my youngest Sons attaining the age of twenty one Years if either of my said Sons should die before my youngest Son attains such age I direct the Share of him so dying to be paid to the survivor
If my Trustees think it desirable for the benefit of my Family I direct that they shall continue on my farm and in such case I direct that my Wife shall reside with my Children thereon and to maintained out of the profits of such farm till my youngest son attains twenty one if she so long continues my Widow
And I direct that whilst my Wife is maintained on my Farm the Rent of my said real Estate shall be received by my said Trustees and be applied in carrying on the Farm and the maintenance of my Wife and Children
I expressly direct that my said Trustees and the Survivors and survivor of them shall not be answerable or accountable for any loss which may happen in their carrying on my farming business and I trust in their discretion in discontinuing the same if they think it is likely to be unprofitable
And I appoint the said Henry Bickley, John Cobley and James Bampton Executors of this my Will And direct that it shall be lawful for them to deduct and retain out of the Trust Money coming to their hands all Costs and Expenses which they may sustain or be put unto in the Execution of the said Trusts
In Witness whereof I the said William Smith the Testator have to this my last Will and Testament set my hand and Seal this seventh day of March in the Year of our Lord one Thousand eight hundred and thirty seven
William Smith
Signed sealed published and declared by the said William Smith the Testator 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 hereunto subscribed our Names as Witnesses
Sarah Latham
George Minkley
W Latham
This a Codicil to the Wil of me the above named William Smith
I direct that my Wife shall enjoy the Land devised to her for her life free from any Interest on Money I have borrowed on such Land and the Interest of the Money borrowed shall be paid out of my personal Estate
I revoke the bequest of all my personal Estate to the within named Henry Bickley, John Cobley and James Bampton And the Executorship named in my Will and instead thereof I give and bequeath All my Farming Stock, Household Furniture Money Securities for Money and all other my personal Estate and Effects whatsoever to my said Wife during her Widowhood, to James Rouse of Lenton in the County of Nottingham Farmer and to the said Henry Bickley and John Cobley to be held by them upon the same Trusts as mentioned in my Will
And I appoint my said Wife (during her Widowhood only) the said James Rouse Henry Bickley and John Cobley Joint Executors of my Will and this Codicil
In Witness whereof I the said William Smith the Testator have to this Codicil to my above Will set my hand this Twenty fifth day of August One thousand eight hundred and forty
William Smith
Signed by the said William Smith the Testator in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Ann …
W Latham
George Minkley
23rd day of February 1841
Hannah Smith of Abb Kettleby in the County of Leicester Widow James Rouse of Lenton in the County of Nottingham Farmer Henry Bickley of Melton Mowbray in the County of Leicester Gentleman and John Cobley of Stathern in the County of Leicester Farmer the Executors in this Will and Codicil named were duly sworn to the Truth and faithful performance thereof as usual, and that the Goods, Chattels and Credits of the deceased do not amount in value to the Sum of Two Thousand pounds and that the deceased died on the twenty ninth day of October last past
Before me RF Croughton Surrogate to the Commissary
On the 27th day of February 1841 Origl will & Codicil exhibited before the Revd Jemson Davies Clerk MA & Surrogate of the Commissary and Probate decreed to pass Seal to the above named Hannah Smith the Executrix (but as to her during her Widowhood only) and James Rouse, Henry Bickley and John Cobley, the Executors in the presence of
John Stockdale Hardy
Depy Registrar
Same day Probate dated