John Barker of Goadby Marwood 1832 Will
Leicestershire, Leicester and Rutland Archives PR/T/1832/8
This is the last Will and Testament of me John Barker of Goadby Lodge in the Parish of Goadby Marwood in the County of Leicester Farmer that is to say
Subject to the payment of all my just debts funeral and testamentary expences I give and bequeath unto my father Daniel Barker of Goadby Marwood aforesaid Farmer William Cowlishaw of Tonge in the said County of Leicester Farmer and James Goodson of Eastwell in the same County Farmer their executors and administrators All my farming and grazing stock implements of husbandry household goods and furniture and all other my personal estate and effects whatsoever and wheresoever Upon trust to permit and suffer my dear Wife Mary Barker to have the full and free use benefit profit and enjoyment thereof and of every part thereof during so long time as she shall continue my Widow Subject nevertheless to the payment of one hundred pounds apiece to all and every of my children which I give and bequeath to each of them as and when they shall severally attain their respective ages of twenty one years
Provided always that in case my said Wife shall marry again previous to my youngest child attaining the age of twenty one years then I will and direct my said Trustees the said Daniel Barker William Cowlishaw and James Goodson or the survivors or survivor of them or the executors or administrators of such survivor to require and take such security as they shall approve of from my said Wife for the due payment of the respective Legacies of one hundred pounds to my said children or to such of them as shall not then have received their Legacies or otherwise to sell and dispose of such part of my said personal estate and effects or the produce thereof as will be sufficient to answer and satisfy the same and deliver over the remainder to my said Wife for her own use and benefit
Provided always nevertheless that in case my said Wife shall depart this life before my youngest child shall have attained the age of twenty one years then I give and bequeath all my said personal estate and effects unto and equally between all my said children or their lawful issue share and share alike but the issue of any deceased child only to take his her or their parents share and in case any of my said children shall have received his or her Legacy of one hundred pounds or any part thereof such Legacy or part to be considered as part of his or her share of the said personal estate and to be deducted from his or her share of the same accordingly
Provided further that when and as soon as all my said children shall have attained their respective ages of twenty one years and they shall have been paid their respective Legacies of one hundred pounds each then I give and bequeath all the residue and remainder of my said personal estate and effects unto my said Wife to and for her own use and benefit
I appoint my said Trustees and my said Wife joint Executors and Executrix of this my Will
And my will and meaning is and I do hereby declare that my said Trustees and Executors their respective executors administrators and assigns shall and lawfully may by and out of the monies and effects which shall come to their respective hands by virtue of the trusts of this my Will retain to and reimburse themselves respectively all such loss costs charges damages and expences as they or any or either of them shall or may sustain or be put to by reason or on account of the trust aforesaid or any thing relating thereto
And further that my said Trustees and Executors shall not be answerable or accountable for any monies to be by them placed out at interest or deposited for safe custody or otherwise that may be lost unless it be through their or his own wilful neglect or default And that they shall not be answerable or accountable the one for the other of them but each of them only for his or her own separate acts deeds receipts neglects and defaults
And I further particularly declare that my said Trustees or any of them their executors or administrators shall not be answerable or accountable for the acts deeds management receipts neglects and defaults of my said Wife
Lastly I hereby revoke and make void all former and other Wills by me at any time heretofore made and do declare this to be my last Will and Testament
In witness whereof I the said John Barker the Testator have to this my last Will and Testament contained in this and the preceding sheet of paper set my hand and seal to wit my hand to the preceding sheet and my hand and seal to this second or last sheet thereof the Twenty ninth day of January in the year of our Lord one thousand eight hundred and thirty two
John Barker
Signed sealed published and declared by the said John Barker the Testator as and for his last Will and Testament in the presence of us who have hereunto subscribed out names as Witnesses at his request in his presence and in the presence of each other
Lydia Brown
Jas Tho Bishop Solr Melton Mowbray
Loughborough
7th June 1832
Let a Probate be made to Daniel Barker of Goadby Marwood in the County of Leicester Farmer William Cowlishaw of Tonge in the County of Leicester aforesaid Farmer and Mary Barker of Goadby Lodge in this County Widow two of the Executors and the Executrix with Power of making the like grant to James Goodson of Eastwell in the aforesaid County Farmer the other Executor when he shall apply for the same
They being duly sworn as well to the faithful Execution of the Will as that the Testators Goods Chattels and Credits without deducting any debts due and owing by him therefrom do not amount in value to the sum of Four hundred and fifty Pounds
Tho: Stevenson Surr to the Commissary
Decd died 7th March last