Bates Wright Thomas 1808 of Eaton Will

Wright Thomas Bates of Eaton 1808 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1808

This is the last Will and Testament of me Wright Thomas Bates late of the Borough of Southwark in the County of Surry but now of Eaton in the County of Leicester Surgeon and Apothecary

I Give devise and bequeath all and every my Messuages or Tenements Closes Lands Hereditaments and real Estate situate standing lying and being in Eaton aforesaid or elsewhere with their respective Appurtenances also all my personal Estate and Effects whatsoever of which I may be possessed unto my friends John Clayton of Keyam in the said County of Leicester Butcher and Charles Latham the younger of Melton Mowbray in the same County Attorney at Law their Heirs Executors Administrators and Assigns according to the nature or Quality of my Estate or Interest therein Upon the Trusts nevertheless and for the Intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)

Upon Trust that in the first place they the said John Clayton and Charles Latham or the Survivor of them or his Heirs do and shall convey and assure my three Closes in Eaton aforesaid which I have sold to Anthony Rodgers unto and to the use of the said Anthony Rodgers his Heirs and Assigns for ever or as he or they shall direct according to the Conditions made at the Sale of Auction of the said Closes

And in the next place that they my said Trustees or the Survivor of them or his Heirs Executors or Administrators do and shall call in and collect my ready money and money which shall be due to me at my decease and also of his and their own proper authority do and shall sell and dispose of the Remainder of my real Estate and all my personal property which shall not be in money at the time of my decease, also the said three Closes hereinbefore mentioned in case the same from any unforeseen event shall not be conveyed to the said Anthony Rodgers as aforesaid in such manner as he or they shall think fit and judge more proper and in the mean time until such sale do receive the rents Issues Dividends and Profits of my said real and personal Estates

And I do hereby declare that the Receipt or Receipts of my said Trustees or the Survivor of them his Heirs Executors or Administrators respectively shall be a good and effectual discharge or good and effectual discharges to the purchaser or purchasers of my said real or personal Estate or any part thereof respectively for so much money as in such receipt or Receipts shall be acknowledged or expressed to be or to have been received and that after such Receipt or Receipts shall be given such purchaser or purchasers shall not be bound to see to the Application of the said purchase Money or answerable for the Misapplication or Nonapplication thereof

And it is my Will that my said Trustees or the Survivor of them his Executors or Administrators do and shall in the first place out of the Money to arise from my said real and personal Estate as aforesaid pay and discharge the Costs and Charges attending such Sale or Sales and my funeral and testamentary Expences and all the debts of every kind which I shall owe at the time of my death with Interest for such of the same debts as shall carry interest

And the residue of the said Monies do and shall place out at Interest and pay such Interest unto my dear Mother Ann Bates for the Maintenance of herself and of my Brother Matthew Bates until my said Brother shall attain the Age of twenty one years and upon my said Brother attaining the Age of twenty one years do and shall pay unto him (over and above the Sum of Four hundred pounds to which he will become intitled by Virtue of the Will of his Grandfather) the Sum of One hundred Pounds and continue the residue of the said Money out at Interest during the life of my Mother and pay such Interest to her and after her decease do pay the said residue of the said Money to my said Brother Matthew Provided and I do declare that the said Interest shall be paid unto my said mothers own hands and that her Receipt shall be a good discharge for the same and that the same shall not be liable to the Controul of my father or of any other husband my said Mother may marry

Provided always and I declare that in case my said Brother shall die unmarried under the Age of twenty one years the said Money shall be paid to the next of Kin of my Mother according to the Statute of Distributions

Provided further and I do declare that my said Trustees or Trustee with the Approbation of my Mother if living and of their or his own authority if dead shall and may advance any Money for the benefit of my said Brother during his minority for educating him putting him out Apprentice or otherwise for his benefit

Provided and I do declare that the Messuage or Tenement in Eaton aforesaid shall not be sold during the life of my mother without her consent and that in the mean time the same shall be enjoyed by her

And I do hereby nominate and appoint the said John Clayton and Charles Latham joint Executors of this my last Will and Testament

In Witness whereof I have to this my last Will written on two sheets of Paper set my hand and Seal in the manner following to wit to the first sheet my hand and to this last Sheet my hand and Seal this twenty fifth day of March in the year of our Lord one thousand eight hundred and two

                                                                                                                Wright Thomas Bates

Signed sealed published and declared by the said Wright Thomas Bates the Testator as and for 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 of this his said Will

John Hoe

Roger Holmes

Ann Sills

Probate 25 October 1808 to Charles Latham junior and John Clayton executors

Under £200