Thomas Barker of Stathern 1825 Will
Leicestershire, Leicester and Rutland Archives PR/T/1825/12
This is the last Will and Testament on [sic] me Thomas Barker of Stathern in the County of Leicester Shopkeeper
I give and devise all my Messuages Closes Lands Tenements and Hereditaments whatsoever situate at Stathern aforesaid or elsewhere unto my Two Friends James Bampton and John Cobley both of the same place Farmers their heirs and assigns for ever
I give and bequeath unto the said James Bampton and John Cobley all my money securities for money household and shop Goods and all other my personal Estate and effects And I direct that the said James Bampton and John Cobley and the survivor of them and the Trustees or Trustee for the time being who shall be appointed under the provision I shall hereinafter make for that purpose shall stand possessed of my said real and personal Estate and effects upon the following Trusts (viz)
To sell at any time after my death such part of my real Estate as they shall think necessary and out of the money arising therefrom discharge all my Mortgage and other debts funeral and testamentary expences to permit my Wife to occupy the house and premises I now live in during such part of her natural life as she shall continue my Widow and also for her to have the use of the household Goods and shop Goods and carry on the business of a Grocer during such term aforesaid and after her death or second marriage I direct that the residue of my real and personal property shall be conveyed assigned and transferred to my only son Thomas Barker his heirs executors administrators and assigns or to such uses as he should appoint
If my said Son Thomas should die during the lifetime or widowhood of my said Wife leaving a Child or Children then I direct the said residue of my real and personal property to be held by my said Trustees for the Benefit of such Child or Children and conveyed and assigned to them him or her in equal portions on the youngest (if there should be more than one) attaining the age of twenty one years But if my said Son should die in the lifetime or Widowhood of my said Wife without issue I direct that on her death or marriage the said residue shall be conveyed and assigned to my natural Son Henry Keen his heirs and assigns for ever or as he should appoint And if he should not then be living I direct such residue to be turned into money and divided amongst my next of kin according to the statutes of distribution
I give my Trustees discretion as to whether they should allow my Wife any and what of the money they may have in their hands for the purpose of carrying on the business the money that she has not the use of I direct to be placed out at Interest and the interest paid to her during her widowhood
I direct that she shall not be interfered with by my son or natural son as to the use of the household Goods Provided always and I do hereby direct that every Receipt which shall be given by the said James Bampton and John Cobley or the survivor of them his heirs executors administrators or the Trustees to be appointed by virtue of the next provision to the person or persons who shall become the purchaser or purchasers of my said Estate or any part thereof for his or their purchase Money or who shall have any of my Trust monies upon Securities or otherwise and shall pay the same to my said trustees for the time being shall be an effectual discharge for so much money as in every such Receipt shall be expressed to be received and that after taking such Receipts the person or persons aforesaid shall not be obliged to see to the application or be answerable or accountable for the misapplication or nonapplication of the same purchase Money or any part thereof and that all contracts and conveyances shall be binding on the parties beneficially interested And also that it should be lawful for the acting Trustee of this my Will and for the heirs executors or administrators of the surviving Trustee from time to time as often as there shall be occasion to appoint any person or persons to supply the place or places of any present or future Trustee or Trustees of this my Will who may die or become unwilling or unable to act in the execution of the aforesaid Trusts before the same shall be fully performed
I appoint the said James Bampton and John Cobley joint Executors of this my Will and I appoint them and my said Wife Guardians and Guardian of my child during his Minority
In Witness whereof I the said Thomas Barker the Testator have to this my last Will and Testament contained on two sheets of paper set my hand and seal (that is to say) to the first sheet hereof my hand and to this second or last Sheet my hand and seal the twelfth day of January one Thousand eight hundred and twenty five
Tho. Barker
Signed sealed published and declared by the said Thomas Barker 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 subscribed our names as Witnesses hereto
Harry Barke
Robert Barke
Wm Latham
Since the Execution of the above Will I Thomas Barker have contracted to sell to William Gratton for Six hundred Pounds the two Closes I purchased of Samuel Bryans I do therefore direct my Trustees (in case I shall not live to do so) to carry such contract into execution and apply the Purchase Money in the same manner as I have direct by my Will on their selling after my Death
I do declare this to be Codicil to my Will Dated this 4th Day of March 1825
The Mark of Thomas Barker
Witnesses
William Bampton
Eliz Barke
Wm Spencer
28 April 1895
Let a probat be made to John Cobley of Stathern Farmer one of the Executors named in the will of the within named Thomas Barker who died in March last with power of making the like grant to be made to James Bampton of Stathern Farmer
He the said John Cobley being first duly sworn as well to the faithful Execution of the will as that the Testators Goods Chattels and Credits as they were at his death without deducting any debts owing by him therefrom do not amount in value to the sum of Eight hundred pounds
Before me William Greenwood Surrogate to the Commissary
Same day probat passed the seal
Wm Harrison Depy Regr