Kenaz Smith 1829 of Wartnaby will
National Archives PROB 11/1750/425
This is the Last Will and Testament of me Kenaz Smith of Wartnaby in the County of Leicester Farmer
I give and devise all my Estate at …enby in the County of Lincoln unto Ascoh [?] Smith of Leesthorpe in the County of Leicester Esquire and the Reverend Henry Smith of Cotgrave in the County of Nottingham Clerk their heirs and Assigns To hold the same unto the said Ascoh Smith and Henry Smith their heirs and Assigns for ever
I give and bequeath all my money Securities for money Stock in trade household goods and all other my personal Estate & Effects whatsoever and wheresoever unto the said Ascoh Smith and Henry Smith their Executors Admors and Assigns & Expressly declare and … that they the said Ascoh Smith and Henry Smith shall stand possessed of my said real and Personal Estate upon the trusts hereinafter mentioned (that is to say)
Upon trust to convert the whole into money either by public Auction or Private contract and apply the money to arise from the same in payment of my just debts funeral and testamentary expences and divide the residue thereof (excepting the arrear of Rent or Interest which I am entitled to in right of my Wife from the Property of her deceased father) equally amongst my eight children Mary Ca… John Smith Sophia Moss Elizabeth Smith Charlotte Smith Charles Smith Frances Smith and Catherine Smith And as to the Arrear of Rent or Interest which I am entitled to in right of my said Wife from the Property of her deceased father I direct my said Trustees if they shall recover the same to divide the same equally my eleven Children Mary Thomas John William George Sophia Elizabeth Charlotte Charles Frances and Catherine
And I direct that every Receipt which shall be given by the said Ascoh Smith and Henry Smith or the Survivor of them or the heirs Executors or Admors of such survivor to the person or persons who shall become the purchaser or purchasers of my said real Estate or any part thereof for his her or their purchase money shall be an effectual discharge for so much money as in every such receipt shall be expressed to be received And that after taking such receipt the person or persons aforesaid shall not be obliged to see to the application or answerable or accountable for the misapplication or nonapplication of the same money or any part thereof And that every sale which shall be made and conveyance which shall be executed by the said trustees or trustee for the time being shall be binding and conclusive on the person or persons beneficially interested his her or their heirs Executors or Admors
I direct my said trustees to deduct out of the money which may come into their hands all Expences which they may be put to in the Execution of the aforesaid Trusts
And I nominate and appoint the said Ascoh Smith and Henry Smith joint Executors of this my last Will and Testament
In Witness whereof I the said Kenaz Smith the testator have to this my last Will and testament contained on two sheets of paper set my hand and seal that is to say to the first sheet thereof my hand and to this second & last sheet my hand and seal this fourth day of August in the year of our Lord One thousand Eight hundred and twenty eight
Kenaz Smith
Signed Sealed Published and declared by the said Kenaz Smith the testator as and for his last Will & 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 “the money to arise from” having been first written between the 14th and 15th lines of the first sheet
John Keal
Peter Nicol Junr
Wm Latham
Proved at London 24th January 1829 before the Judge by the Oath of Ascoh Smith Esqre one of the Exors to whom Admon was granted being first sworn by Commission duly to Administer Power reserved to the Revd Henry Smith Clerk the other Executor