William Spencer Barnes of Ab Kettleby 1898 Will
Leicestershire, Leicester and Rutland Archives DE 462/41
This is the last Will of me William Spencer Barnes of Eye Kettleby in the Parish of Melton Mowbray in Leicestershire Miller and Corn Dealer
I revoke all testamentary dispositions heretofore made by me
I appoint my Wife Ann Barnes and my friends William Giles of Melton Mowbray aforesaid Draper and Joseph Henry Petch of Melton Mowbray aforesaid Gentleman to be the Executors of this my Will
I bequeath to my said Wife a Legacy of Fifty pounds to be paid to her within one calendar month after my decease and I also bequeath to her all my linen wearing apparel watches ornaments of the person and my wine & liquors and household consumable stores and provisions
I give to my said Wife during her life if she so long remains my Widow the use and enjoyment of all my plate plated articles furniture glass china and other articles not hereinbefore mentioned of household use or ornament she keeping the same properly insured against fire and properly preserving the same from deterioration reasonable wear and tear excepted and after the death or future marriage of my said Wife the said plate plated articles furniture glass china and other articles shall sink into and form part of my residuary estate And I direct that as soon as conveniently may be after my death an inventory shall if my Wife survive me be made of the said last mentioned effects the use and enjoyment of which I have hereinbefore given to her during her widowhood and that such inventory shall be signed by her and kept by the executors of this my Will
I devise all my real estate in the Hamlet of Eye Kettleby aforesaid or elsewhere in the Parish of Melton Mowbray unto and to the use of my said Wife and the said William Giles and Joseph Henry Petch upon the trusts hereinafter declared that is to say
Upon trust until my son Alfred Hugh Barnes shall have attained the age of twenty one years or shall have sooner died to let the said real estate either upon lease for any term not exceeding seven years or from year to year or otherwise and until my said son shall have attained the said age or have sooner died to pay the net rents or income of the said real estate to my said Wife if and so long during that period as she shall remain my Widow and in the event of my said Wife ceasing to be my Widow before my said son Alfred Hugh Barnes shall have attained the age of twenty one years or have sooner died the said rents and income shall until he shall have attained that age or have died under that age be by the Trustees or Trustee for the time being of this my Will applied for and in or towards the maintenance and education and otherwise for the benefit of my Wife and of my children or any my child in such shares and proportions and to the exclusion of any one or more of them as such Trustees or Trustee may in their her or his discretion think fit
And I declare that in the event of and upon my said son Alfred Hugh Barnes dying in my lifetime or before he shall have attained the age of twenty one years or in the event of his not exercising and carrying into effect within the time limited the option of purchase hereinafter directed to be given to him the said real estate hereinbefore mentioned shall form part of and be disposed of and dealt with in manner hereinafter declared concerning my residuary real estate hereinafter devised
And I will and declare that if my said Son Alfred Hugh Barnes shall survive me and shall have attained or shall attain the age of twenty one years the said Trustees or Trustee for the time being shall as soon as conveniently may be after my death if my said son shall then be alive and have attained the said age or after he shall have attained that age subsequently to my death (as the case may be) cause the said real estate in the said Parish of Melton Mowbray to be valued by an independent and competent valuer to be appointed by such Trustees or Trustee and shall within fourteen days after such valuation made give to my said son Alfred Hugh Barnes the option of purchasing the said real estate so valued at the valuation price (or estimated value according to such valuation) and if my said son shall within one calendar month from such option given to him declare to the said Trustee or Trustees in writing signed by my said son and given to the said Trustees or Trustee the intention of my said son of purchasing the said real estate at the said valuation price and shall within Thirty days after such declaration made pay to the said Trustees or Trustee the said price the said real estate in Melton Mowbray aforesaid shall be conveyed and assured to him and his heirs or as he or they shall direct and the cost of such Conveyance and assurance shall be paid by him or them but the cost of the said valuation shall be paid by the said Trustees or Trustee out of the moneys which shall come to them or him under this my Will
If the Declaration of intention to purchase and the purchase money be not respectively given and paid in the manner and within the time hereinbefore limited respecting the same my said son shall be conclusively deemed and taken to have declined the option
The purchase money (if any) paid by my said son to the said Trustees or Trustee for the said real estate shall sink into and form part of my residuary personal estate hereinafter disposed of
I devise and bequeath all my residuary real and personal estate unto my said Wife and the said William Giles and Joseph Henry Petch Upon trust that they or the survivors or survivor of them or the executors or administrators of such survivor shall at such times and in such manner and upon such terms and conditions as they she or he may think fit sell the said residuary real estate and call in collect and convert into money such parts of the said residuary personal estate as shall not consist of ready money and shall with and out of the moneys to be thereby produced and with and out my ready money pay my funeral and testamentary expenses and debts and the pecuniary legacies bequeathed by this my Will or any Codicil hereto and shall invest the residue of the said moneys and shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same hereinafter called “the trust fund” In trust to pay the income thereof to my said Wife during her life if she shall so long continue my widow and she shall not have power to dispose or deprive herself of the benefit thereof by anticipation And if she shall marry again then from and after her future marriage
In trust out of the said Income to pay to her during the rest of her life and without power of anticipation an annuity of Thirty pounds by equal half yearly payments the first payment thereof to be made at the expiration of six calendar months from the date of such marriage And subject to the trusts hereinbefore declared in favour of my said Wife the Trustees or Trustee for the time being of this my Will shall stand possessed of the trust fund
In trust for all my children who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child
Provided always that if any child of mine shall die in my lifetime leaving a child or children who shall survive me and being a male or males shall attain the age of twenty one years of being female or females shall attain that age or marry then and in every such case the last mentioned child or children shall take (and if more than one equally between them) the share which his her or their parent would have taken of and in the trust fund if such parent had survived me and attained the age of twenty one years
And I declare that notwithstanding anything hereinbefore contained the said Trustees or Trustee may with the consent of my said Wife during her life and after her decease at their or his own discretion raise any part or parts not exceeding together a moiety or half part of the expectant share of any child or grandchild under this my Will and apply the same for his or her advancement preferment or benefit as the said Trustees or Trustee shall think fit
And I also declare that the said Trustees or Trustee may postpone the sale and conversion of my said residuary real and personal estate or any part or parts thereof for so long as they she or he shall think fit and that the rents profits and income to accrue from and after my decease of and from such part of my said residuary real and personal estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incident expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the moneys produced by such sale would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made
And I also declare that the said Trustees or Trustee may at their his or her discretion continue for such period as they she or he in their her or his absolute discretion shall think desirable any business or businesses in which I may be engaged at the time of my death and may take any partner or partners in any such business and may alter or vary the nature of any such business and may engage and employ in any such business such part of my said residuary estate and such clerks servants and others as the said Trustees or Trustee may think fit and may do all such acts as to such Trustees or Trustee shall in connection with any such business seem proper and all the net profits or share of net profits which they she or he shall derive or receive from any such business shall for the purposes of this my Will be considered as annual Income of the trust fund and applied accordingly
And I hereby declare that all moneys liable to be invested under this my Will may be invested in or upon any stocks funds or securities authorised by Law as investments for trust funds or the Debentures or Debenture Stocks or the guaranteed or preference stock or shares of British or Indian Railway Companies or the stock mortgages or securities of any Municipal Corporation or Sanitary Authority in England and that the said Trustees or Trustee shall have discretionary power from time to time to vary such investments for others of the nature hereby authorised
And I declare that the power of appointing new Trustees conferred by Statute shall for the purpose of this my Will be vested in my said Wife during her widowhood
I appoint the Trustees or Trustee for the time being of this my Will to be the Guardians and Guardian of my infant children during their respective minorities
In witness whereof I the said William Spencer Barnes have hereunto set my hand this twenty eighth day of May in the year of our Lord One thousand eight hundred and eighty eight
Wm S Barnes
Signed and Declared by the above named William Spencer Barnes the Testator as and for his last Will in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
Geo: Robinson Solicitor Melton Mowbray
TE Wells Clerk to Mr JE Atter Solicitor Melton Mowbray
This is a Codicil to the last will and Testament of me William Spencer Barnes of Eye Kettleby in the county of Leicester Miller and Corn Dealer
Whereas by my said Will I have appointed Joseph Henry Petch of Melton Mowbray in the County of Leicester Gentleman to be one of the Trustees and Executors thereof and also one the Guardians of my infant children after the decease of my Wife Now I hereby revoke the appointment of the said Joseph Henry Petch as such Trustee Executor and Guardian and I appoint my won William Clayton Barnes of Eye Kettleby aforesaid Drapers Assistant to be a Trustee and Executor of my said Will and also a Guardian of my infant children after the decease of my said Wife in the place of the said Joseph Henry Petch
And I declare that my said Will shall be construed and take effect as if the name of the said William Clayton Barnes were inserted in my said will throughout instead of the name of the said Joseph Henry Petch
In witness whereof I have hereunto set my hand this eighteenth day of December One thousand eight hundred and ninety five
Wm S Barnes
Signed by the above named William Spencer Barnes as a Codicil to his last Will in the presence of use both being present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Chas Gostick Clerk to Atter & Son Solrs Melton Mowbray
WG Tyler Clerk to Atter & Son Solicitors Melton Mowbray
On the Nineteenth day of February 1898 Probate of this Will with a Codicil was granted at Leicester to Ann Barnes Widow the Relict William Giles and William Barnes the Son the Executors