John Barke of Stathern 1859 Will
Leicestershire, Leicester and Rutland Archives DE 462/2
This is the last Will and Testament of me John Barke of Stathern in the County of Leicester Farmer
I give and bequeath all my household Furniture Plate Linen Brewing Vessels and all other my Household Effects unto my Wife Elizabeth Barke absolutely
I give and bequeath all my Money Farming Stock Implements of Husbandry and all other my personal Estate (except what I have before given to my Wife) to my Executors hereinafter named Upon trust to pay my Debts funeral and Testamentary expences and to carry on the occupation of not only my own Land but also the Land I rent for the benefit and maintenance of my wife during her life or such portions of it as my said wife and Executors my deem prudent and after her death to apply the principal or capital and any accumulations of profits towards payment of the Legacies hereinafter given
I give and devise all my Messuage or Tenement Closes and real Estate of which I shall die possessed to my said Executors and Trustees during the life of my Wife the rents and profits thereof to be applied for her benefit
And I expressly direct that my Executors will not allow any interference with my wife either by my Daughters their husbands or my Grandchildren during her life
I give and bequeath a Legacy of One hundred pounds to my Daughter Mary Ann Cooley and direct the same to be paid to her by weekly instalments of Five shillings per week till the principal is all paid the first payment to be made a week after my Wife’s death and no Interest to be allowed on the said Sum of One hundred pounds And I expressly direct that the said instalments shall not be subject to the controul debts or engagements of my said Daughter’s husband and that she shall have no power to sell mortgage or anticipate any portion of the said Legacy
I give and bequeath a Legacy of One hundred pounds to my Granddaughter Hannah Cooley to be paid to and vested in her on her attaining twenty one years without any Interest in the meantime and I direct that in case of her death before attaining that age the same shall lapse
I give and bequeath to all the Children now or hereafter to be born of my Daughter Mary Ann Cooley (except Hannah) a Legacy of Ten pounds a piece to be paid to and vested in them on their attaining the age of Twenty one years without Interest in the meantime and in case of the death of any of them before attaining that age the Legacy of him or her so dying to lapse
After the death of my said Wife I direct my Executors to pay her funeral Expences then to pay or retain the above Legacies and to pay and transfer the then residue of my personal Estate and Effects and the accumulations thereof to my Grandson John Barke Greensmith absolutely and after the death of my said Wife I give and devise all that my Close situate in Stathern aforesaid containing Four acres or thereabouts called Short Tumbrills to my Daughter Hannah Greensmith her heirs & assigns for ever and I give and devise all that my Messuage or Tenement Orchard and Homestead containing Three roods or thereabouts and my two Closes called Becks Long Close and Greensike containing together Ten acres or thereabouts situate in Stathern aforesaid and all other my real Estate not before devised unto my said Grandson John Barke Greensmith and to his heirs and assigns for ever and I charge the said Estate so devised to him with the payment of so much of my Legacies as my Personal Estate shall fall short of discharging
If my said Grandon shall die under the age of Twenty one years I give devise and bequeath all the real and personal Estate hereinbefore devised and bequeathed to him unto his Mother Hannah Greensmith her heirs and assigns for ever
I direct that my Executors shall not be answerable for any loss which may happen in carrying on the occupation of my Land during my Wife’s life and that they shall have power to deduct all the expences they may be put to in the execution of the trusts of this my Will and I appoint my Friends Thomas Lamin of Harby in the County of Leicester Miller and William Shipman of Harby aforesaid joint Executors and Trustees of this my Will for the purposes aforesaid
In Witness whereof I the said John Barke the Testator have hereunto set my hand this nineteenth day of June One thousand eight hundred and fifty five
John Barke
Signed published and declared by the said John Barke 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
W Latham Solr Melton
John Riley his Clerk
Proved 21st February 1859 by the Oaths of Thomas Lamin and William Shipman the Executors to whom was granted execution
Sworn under £200 and that the Testator died on or about the 10th day of December 1858