William Braithwaite of Stathern 1886 Will
Leicestershire, Leicester and Rutland Archives DE 462/29
This is the last Will and Testament of me William Braithwaite of Stathern in the County of Leicester Yeoman
I confirm the Agreement made upon my marriage with my present wife Sarah
I give devise and bequeath all and singular my real and personal estate whatsoever and wheresoever Unto and to the use of my son William Braithwaite and my son in Law William Miller of Stathern aforesaid Farmer their heirs executors administrators and assigns Upon Trust as soon as conveniently may be after my decease to sell and convert into money my said personal estate and also to sell my said real estate either together or in parcels and by Public Auction of Private Contract and for such price or prices as to them shall seem reasonable And I hereby declare that my said Trustees or Trustee of other the Trustees or Trustee for the time being of this my Will shall stand possessed of the money to be produced by any such Sale or Sales Upon Trust to pay the following pecuniary legacies (free of duty) that is to say
To each of them the said William Braithwaite and William Miller Ten pounds
To my said Son William Braithwaite One hundred pounds in addition to the said legacy of Ten pounds
To my Son James Braithwaite One hundred pounds
To my son Richard Bailey Braithwaite One hundred pounds and To my son Joseph Braithwaite One hundred pounds
And upon Trust to pay divide and distribute the residue of the said trust monies unto and between all and every my sons and daughters William Braithwaite James Braithwaite Richard Bailey Braithwaite Joseph Braithwaite Mary the wife of Thomas Walker and Ellen the wife of the said William Miller and my son in law George Rodely and the Children or Child of my late daughter Martha Rodely so as that the said George Rodely and the children of my said daughter Martha Rodely shall take in equal shares between them one seventh share only of the said trust monies and premises and that the remaining six equal seventh parts or shares shall be divided equally between my said Sons and daughters And I direct that the shares or share of the Children or Child of the said Martha Rodely shall be paid to such of them as are sons on their attaining the age of twenty one years and to such of them as are daughters on their or her attaining that age or being married and that in case any or either of my said Grandchildren being a Son or Sons shall died under the age of twenty one years or being a daughter or daughters shall die under that age and without having been married the share or shares as well original as accruing of him her or them so dying shall be paid to the survivors or survivor of them in equal shares and proportions
I give devise and bequeath all Estates vested in me upon any trust or by way of mortgage unto and to the use of my said Son William Braithwaite and the said William Miller their heirs executors administrators and assigns Upon the same trusts and subject to the same equities as are now subsisting therein And I declare that the receipt or receipts in writing of my said Trustees or Trustee or other the Trustees or Trustee for the time being of this my Will shall effectually discharge the person or persons paying the same from the loss misapplication or nonapplication thereof and from being obliged to see to the application thereof
And I appoint the said William Braithwaite and William Miller Executors of this my Will
In Witness whereof I have hereunto set my hand this tenth day of June One thousand eight hundred and seventy four
Wm Braithwaite
Signed by the above named William Braithwaite the Testator and by him declared to be his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other all present at the same time have hereunto subscribed our names as witnesses
WT Cartwright, Solicitor, Nottingham
Hy Flint his Clerk
This is a Codicil to the last Will and Testament of me William Braithwaite of Stathern in the County of Leicester Yeoman
I bequeath to my wife Sarah Braithwaite the following articles of household furniture namely One bedstead and bed hangings, bed and Mattress, one bolster, two pillows, two pairs of blankets, two patchwork quilts, two pairs of sheets, two pairs of pillow cases, six bed room towels, four toilet covers, three white table cloths, one coloured table cloth, six kitchen towels, one new bed room carpet one hearth rug and knitted hearth rug, on large white wash basin one water can, one large pancheon one small pancheon, one clothes basket, clothes lines and pegs, one pair of copper scales, three weights, three smoothing irons, ironing blanket, paraffin lamp, hanging clothes horse, set of painted drawers, painted wash stand and toilet service, small clock, towel horse, six cane bottom chairs, one looking glass, one round oak table, one sofa, two oval tea trays, set of china and six breakfast cups and saucers, plain metal tea pot, half dozen new tea spoons four table spoons, half dozen small knives and forks and Steel six tumblers, six wine glasses, writing desk, Copper tea kettle, rocking chair, steel fender and fire irons, Coal pan, five antimacassar, dolly tub and pegs, large water pippin, one sweeping brush, one hand brush my shoe brushes and blacklead brushes, one dust pan, mop, saucepan and steamer, one small saucepan, six plates, two meat dishes, and four pie dishes
In all other respects I confirm my said Will
In witness whereof I hereunto set my hand this fifth day of May One thousand eight hundred and seventy seven
William Braithwaite
Signed by the above named William Braithwaite the Testator and by him declared to be a Codicil to his last Will and Testament in the presence of us who in his presence, at his request and in the presence of each other all being present at the same time have hereunto subscribed our names as witnesses
WT Cartwright, Solicitor Nottm
Arthur Chapman, Clerk to Messrs Freeth & Co Solicitors Nottingham
This is a second Codicil to the last Will and Testament of me William Braithwaite of Stathern in the County of Leicester Yeoman
I declare that all monies by my said Will given or bequeathed to or in trust for my two Daughters Mary Walker and Ellen Miller shall be for their sole and separate use respectively and free from the control debts or engagements of their present or any future husbands
In all other respects I confirm my said Will bearing date the Tenth day of June One thousand eight hundred and seventy four and a Codicil thereto bearing date the Fifth day of May One thousand eight hundred and seventy seven
In Witness whereof I hereto set my hand this sixth day of July One thousand eight hundred and seventy eight
Wm Braithwaite
Signed by the above named William Braithwaite the Testator and by him declared to be a second Codicil to his last Will and Testament in the presence of us both 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
WT Cartwright, Solicitor, Nottingham
Jno Greatorex, Clerk to Messrs Freeth, Rawson & Cartwright
This is a third Codicil to the last Will and Testament of me William Braithwaite of Stathern in the County of Leicester Yeoman
I bequeath my Watch and Chain and the appendages thereto to my Wife Sarah Braithwaite for her life or until she shall marry again and after her decease or second marriage I bequeath the same to my daughter Ellen Miller absolutely
And I bequeath to my said Wife an annuity of Seventeen pounds ten shillings for her life or until she shall marry again such annuity to be paid to her by equal quarterly payments and the first of such payments to be made at the expiration of three calendar months after my decease and in all other respects I confirm my said Will bearing date the Tenth day of June 1874 and two Codicils thereto bearing date respectively the 5th day of May 1877 and the six day of July 1878
In Witness whereof I have hereunto set my hand the 11th day of March 1885
Wm Braithwaite
Signed by the above named William Braithwaite and by him declared to be a third Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other all being present at the same time have hereunto subscribed our names as Witnesses
WT Cartwright, Solicitor, Nottm
John Taylor, Clerk to Messrs Freeth Rawson & Cartwright, Solicitors Nottingham
Proved at Leicester with three Codicils on the twelfth day of March 1886 by the Oaths of William Braithwaite, the Son, and William Miller, the Executors named in the Will to whom Administration was granted
The Testator William Braithwaite was late of Stathern in the County of Leicester, Yeoman and died on the Fifteenth day of December 1885 at Stathern aforesaid
Personal Estate Gross £2,801.18.2. Net £2,617.0.10.