Thomas Bailey of Eaton 1801 Will
Leicestershire, Leicester and Rutland Archives PR/T/1801/12
This is the last Will and Testament of me Thomas Bailey of Eaton in the County of Leicester Grazier
I give and bequeath unto my Brother Francis Bailey, and my two friends Francis Shelton and John Beastal both of Eaton Graziers, All my Goods Chattles Credits Securities and Estate and Effects whatsoever and wheresoever of which I may die possessed upon the several trusts hereinafter mentioned and I humbly request my Landlord his Grace the Duke of Rutland to permit my trustees to occupy my farm for the Benefit of my family pursuant to the objects of this Will
In the first place it is my Will that my said Trustees do apply my Estate in the Maintenance and Education of my only son Richard Bailey until he shall attain the Age of twenty one years and also of any after born Child or Children until he she or they shall attain the age or respective Ages of twenty one years
I further direct that my said Trustees shall raise out of my said Effects the Sum of two hundred pounds and pay the same to my Wife Elizbeth Bailey at any time she shall demand the same after six months notice given by her, but I do expressly direct that whilst my Wife shall continue my Widow, and my trustees shall be in possession of my farm, or whilst any other person (either Children or Grandchildren) shall occupy my farm and possess the Stock thereof by Virtue of this my Will she my said Wife shall have the option to be maintained in every respect suitable to her situation from the profits of my farm instead of receiving her Legacy or any interest thereof but in that case she shall reside on the said farm and assist in the management thereof
In the next place I direct that in case I shall leave any other Child or Children or any should be born in due time after my death, my said Trustees shall raise and pay unto such after born child or children the following legacies, when he she or they shall attain the Age or Ages of twenty one years or day or days of Marriage, viz if only one such Child, the Sum of two hundred Pounds and if more than one the Sum of three hundred pounds to be equally divided amongst them and the shares of such of them as shall die under Age unmarried to go to the others and other of them, but in case there shall be no such after born child or children or being such all of them shall die before their legacies shall be payable the provision intended for such child or children shall sink into the residue of my Estate and Effects
I give to my said Brother Francis the Sum of Fifty pounds in consideration of his taking upon himself as he has promised the principal Burthen of the trusts of this my Will
And I give to my two Sisters Dorothy and Dinah Five pounds apiece these three Legacies to be paid within twelve months after my death
And subject and without Prejudice to the several Legacies and maintenances before provided for, and also subject to the payment of my debts and funeral Expences I direct that my trustees do stand possessed of the whole of my Effects for the benefit of my Son Richard Bailey to be paid delivered and transferred to him at the Age of twenty one years or day of Marriage, but in case of his death unmarried under the Age of twenty one years then that my said trustees shall stand possessed of the said Effects subject and without Prejudice as aforesaid for the benefit of my after born child or children to be equally divided amongst such children if more than one share and share alike and to be paid delivered and transferred to such Child or Children at the Age or Ages of twenty one years or day or days of Marriage and in case of the death of any such after born children before the Legacies are payable the share of him her or them so dying to go to the others or other of them, but in case I shall have no Child or children who shall live to attain the Age of twenty one years or be married then it is my Will that the residue of my effects be divided amongst my Wife Elizabeth and my Brother Francis and my two Sisters Dorothy and Dinah and their respective legal representatives share and share alike
And I direct that my said Trustees shall have power to advance any portion of the Legacies my Children may respectively be intitled to during their respective minorities in putting them out apprentice or otherwise for their benefit and Advantage
And it is my wish that my Uncle Francis Shipman reside with my family if he chuses, and my farm is continued
And lastly I do appoint the said Francis Bailey Francis Shilton and John Beastal joint Executors of this my last Will and Testament, and gaurdians for my infant children during their minorities, hereby revoking all other Wills by me at any time heretofore made
In Witness whereof I the said Thomas Bailey the Testator have to this my last Will and Testament written on two sheets of paper set my hand and seal in manner following to wit to the first Sheet my hand and to this last sheet my hand and seal this twenty sixth day of March in the year of our Lord one thousand eight hundred and one
Thos Bailey
Signed sealed published and declared by the said Thomas Bailey the Testator as and for his last Will and Testament in the presence of us
Ant Rodgers
CWW Latham Junr
I Thomas Bailey of Eaton in the County of Leicester Grazier Do by this writing which I declare to be a Codicil to my last Will, in case my son Richard Bailey shall die before he shall attain his age of Twenty one years or be married give and bequeath unto my Brother Francis and unto my two Sisters Dorothy and Dinah the sum of Fifty pounds apiece to be paid to them within six months after the death of my said Son
And I do confirm my said Will in every other respect
In Witness whereof I have to this Codicil set my hand and Seal this thirtieth day of September One thousand eight hundred and one
Thos Bailey
Signed sealed published and declared by the said Thomas Bailey the Testator as and for a Codicil to his last Will and Testament in the presence of us who have at his Request in his presence and in the presence of each other subscribed our Names as Witnesses to the due Execution thereof
James Wittaker
Edwd Cole
29 December 1801 probate to Francis Bailey, Francis Shelton and John Beastall executors
Under £1,000
