Mary Ann Arnall of Sutton in Granby then Thrussington 1883 Will
Leicestershire, Leicester and Rutland Archives DE/462/26 page 202
This is the last Will and Testament of me Mary Ann Arnall of Sutton in the Parish of Granby in the County of Nottingham Spinster
Whereas by a certain Deed Poll or Instrument in writing under the hand and seal of my Mother Ann Arnall the Wife of William Arnall of Thrussington in the County of Leicester Farmer and Grazier bearing date the sixth day of February last the said Ann Arnall did in pursuance and by virtue and in exercise and execution of certain powers therein particularly mentioned irrevocably direct limit give and appoint All that one undivided eighth part of or share the whole into eight parts being considered as divided of and in All and singular the Messuage lands tenements hereditaments and real estate and reversion in fee simple of and in a close of land containing two acres one rood and five perches situate standing and being respectively in Thrussington and Ratcliffe on the Wreake in the County of Leicester mentioned and comprised in the therein recited Will and Codicil of her Father William Parker Sibson deceased Together with the rights members and appurtenances to the same belonging should from and after the decease of her the said Ann Arnall remain be and enure To such uses upon such trusts and for such ends intents and purposes and with under and subject to such powers provisos charges declarations and agreements as I the said Mary Ann Arnall alone and notwithstanding any coverture I might hereafter be under should from time to time or at any time by Deed or Will direct limit appoint give or devise And in default of and until such direction limitation appointment gift or devise and so far as any such direction appointment gift or devise if incomplete should not extend To the use of me the said Mary Ann Arnall my heirs and assigns for ever
Now therefore I the said Mary Ann Arnall in pursuance of the power and authority to me given and reserved by the said above in part recited Deed Poll or Instrument in writing and of every other power enabling me hereunto do hereby appoint All that the said one undivided eighth part or share of and in all and singular the said Messuage lands tenements hereditaments and real Estate and reversion in fee simple of and in the said Close of Land containing two acres one rood and five perches situate in Thrussington and Ratcliffe on the Wreake aforesaid (subject to any charge or incumbrance which I may have in my lifetime created thereon) unto my Brothers Samuel Arnall of Sutton aforesaid Gentleman Joseph Arnall of Leicester Gentleman and Thomas Arnall of Thrussington Farmer their heirs and assigns Upon trust that they my said Trustees do and shall when and as they in their discretion deem it most advantageous so to do sell the said one undivided eighth part or share of and in the said hereditaments and as to the money to arise therefrom after payment of any incumbrances which I may have charged thereon and the costs and expenses incurred about such sale
Upon trust to divide the same into seven parts and as to five such seven parts to pay the same unto and equally between my Brothers and Sister namely William Sibson Arnall, Samuel Arnall Joseph Arnall Thomas Arnall and Ellen Arnall Provided always that in case of the decease of any of my said Brothers and Sister in my lifetime leaving lawful issue living at my decease then I direct the share which his her or their parent would have been entitled to if living shall be divided between such issue and as to and concerning one other of such seven parts
Upon trust that they my said Trustees do and shall invest the same in their own names upon Government or Real Security in England with power to vary and transpose such investment from time to time for others of a like nature as they may deem expedient and in their discretion either to accumulate the interest dividends or annual produce of such one seventh part until the youngest child for the time being of my late deceased Sister Jane Downey shall attain his or her age of Twenty one years (or pay the same for the maintenance education and advancement of the Children of my said Sister Jane Downey during their respective minorities) and on the happening of that event then to pay and divide such one seventh part together with all accumulations to be added thereto unto and equally between such of her Children as shall have lived to attain the age of Twenty one years their respective executors administrators and assigns
And as to for and concerning the remaining one seventh part to stand possessed of the same upon such and the same and like trusts for the benefit of the Children of my late deceased Sister Eliza Henton as I have lastly hereinbefore declared with respect to the one seventh directed to be invested for the benefit of the Children of my deceased Sister Jane Downey
I declare that the receipts in writing of my said Trustees for any money paid to them or him under the trusts of this my Will shall effectually discharge the person or persons paying the same from all responsibility in respect of the application thereof
I also declare that if the said Trustees hereby appointed or either of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act in the trusts of this my Will then and so often as the case shall happen the said Trustees or Trustee (and for this purpose any retiring Trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act and upon every such appointment the said Trust monies and premises shall be so transferred that the same become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require and every such new Trustee shall, both before and after the said Trust monies and premises shall become so vested, have the same powers authorities and discretions as if he had been originally appointed a Trustee
I also declare that my Trustees shall be chargeable only with such monies as they shall actually receive and shall not be answerable the one for the other of them nor for any Banker or other person in whose hands any of the trust monies shall be placed
And Lastly I appoint the said Samuel Arnall Joseph Arnall and Thomas Arnall Executors of this my Will and hereby revoke all former and other Wills by me at any time heretofore made
In Witness whereof I the said Mary Ann Arnall the Testatrix have to this and the three preceeding sheets of paper set my hand to each sheet thereof this Thirtieth day of October One thousand eight hundred and sixty five
Mary Ann Arnall
Signed by the said Mary Ann Arnall the Testatrix as and for her last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses
Richd Gamble Clerk to Mr Arnall Solr Leicester
Samuel Cowling Clerk to Mr Jones Millstone Lane Leicester
Proved at Leicester on the Second day of April 1883 by the Oath of Joseph Arnall the Brother, one of the Executors to whom Administration was granted, Samuel Arnall and Thomas Arnall, the Brothers also, the other Executors having renounced the Probate and Execution of the Will
The Testatrix Mary Ann Arnall was formerly of Sutton in the Parish of Granby in the County of Nottingham and late of Thrussington in the County of Leicester Spinster and died on the Eighteenth day of January 1867 at Thrussington aforesaid
Gross Personal Estate £5.0.0. No deduction
Joseph Arnall Solicitor Leicester
Marginal note
The Will and Codicil of William Parker Sibson deceased were proved in the Prerogative Court of Canterbury on the Fifteenth day of May 1827