Edward Beastall of Eaton 1860 Will
Leicestershire, Leicester and Rutland Archives DE 462/3 page 175
This is the last Will and Testament of me Edward Beastall of Eaton in the County of Leicester Farmer
I Give and Bequeath unto my wife All my household goods and effects plate linen and china to and for her own absolute use and benefit
I Give and Devise unto William Beastall of South Reston in the county of Lincoln Farmer and Edward Doughty Johnson of Grantham in the said County of Lincoln Wine Merchant All my real estate situate at Stathern in the said County of Leicester or elsewhere in England with the rights members and appurtenances thereunto belonging To hold the same unto the said William Beastall and Edward Doughty Johnson their heirs and assigns Upon the Trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same
And I also give and bequeath All the rest residue and remainder of my personal estate and effects of what nature or kind soever and wheresoever of which I may die possessed or otherwise entitled to (not hereinbefore specifically disposed of) unto the said William Beastall and Edward Doughty Johnson their executors administrators and assigns Upon the Trusts nevertheless and to and for the several ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same
And I do hereby declare and direct that they my said Trustees and the survivor of them and the heirs executors and administrators of such survivor shall stand possessed of and interested in all my said real and personal estate and effects and every part thereof In trust as to my said real estate and all my right and interest therein as soon after my decease as conveniently may be to sell and dispose of the same and every part thereof either together or in parcels and either by public auction or private contract as to them my said trustees or trustee for the time being shall seem most advisable with liberty to make any special or other conditions of sale as to the Title or the evidence of title or otherwise and with full liberty to buy in the same hereditaments and premises at any sale by public auction or to rescind any contract and to resell the same without being answerable for any loss And also to make execute and perfect all necessary and proper deeds writings and conveyances for the purpose of vesting the same hereditaments and premises in any purchaser or purchasers thereof or in such other person or persons as he or they shall direct or appoint
And I do hereby declare and direct that the receipt or receipts of my said Trustees or Trustee for the time being shall be good and sufficient discharge and discharges to the person or persons who shall become the purchasers or purchaser of all or any part of my said real estate hereby directed to be sold for all or any part of the money to be by them or him paid for the same or so much thereof as in such receipt or receipts shall be acknowledged to be received and that the person or persons respectively who shall become such purchaser or purchasers as aforesaid shall not after paying his her or their said purchase money to my said Trustees or Trustee for the time being or to their or his order be answerable or accountable for the misapplication or nonapplication of the same or any part thereof or be compelled or compellable to see to the application thereof or of any part thereof
And upon further trust that they my said Trustees or Trustee for the time being shall immediately after my decease make sale and convert into money all such part and parts of the residue of my said personal estate and effects hereinbefore bequeathed to them as shall not consist of money and call in and compel payment of all such parts thereof as shall consist of money out upon security at interest or otherwise
And it is my Will and Mind and I do hereby declare and direct that they my said Trustees or Trustee for the time being shall stand and be possessed of the monies to arise or be gotten in by them by the sale of my said real and personal estate In Trust in the first place to satisfy and discharge all such debts as shall be due and owing by me at the time of my decease And also pay and discharge all my funeral expenses and the costs and charges of proving and carrying into execution this my Will and the aforesaid trusts
And after full payment do and shall pay the following legacies that is to say
I Give and Bequeath unto my said Wife the legacy or sum of Five hundred pounds
I Give and Bequeath unto my Nephew William Beastall son of my late brother William Beastall the legacy or sum of Five hundred pounds
I Give and Bequeath unto my Nephew Edwin Gibbs son of my sister Clarissa Gibbs the legacy or sum or Five hundred pounds
I also Give and Bequeath unto my Nephew Edward Gibbs son of my said Sister Clarissa Gibbs the legacy or sum of Four hundred and fifty pounds
I also Give and Bequeath unto my Niece Mary Beastall daughter of my late Brother Francis Beastall the legacy or sum of Two hundred pounds
I also Give and Bequeath unto each of my said Trustees the said William Beastall and Edward Doughty Johnson the legacy or sum of One hundred pounds and I do hereby authorise them to retain the same accordingly
And after full payment of the aforesaid legacies Then I further direct that they my said Trustees or Trustee for the time being do and shall out of the monies to arise from the sale of my said real and personal estate invest in their or his names or name in or upon any of the public funds or securities of Great Britain or any real securities in England such a sum of money as will produce the annual sum of One hundred pounds sterling And I direct that they my said Trustees or Trustee for the time being shall stand possessed of the said annual sum of One hundred pounds In Trust to pay the following annuities or yearly sums that is to say
I Give and Bequeath unto my said wife the annual sum of Fifty pounds for and during the term of her natural life
To my Brother Matthew Beastall the annual sum of Thirty pounds for and during the term of his natural life
And to my Nephew Henry Denner the annual sum of Twenty pounds for and during the term of his natural life
And I do hereby direct that the said several annuities shall be paid to the said annuitants half yearly And it is my Will and Mind and I do hereby further direct that they my said Trustees or Trustee for the time being shall stand possessed of the principal monies so directed to be invested for the purpose of producing the said annuities as and when the said Annuitants shall respectively and successively depart this life In trust to pay the same in equal shares and proportions unto my eight Nieces next hereinafter mentioned that is to say my said Niece Mary Beastall daughter of my said late Brother Francis Beastall my three Nieces the daughters of my said late Brother William Beastall And my four Nieces the daughters of my said Sister Clarissa Gibbs share and share alike and to their respective executors administrators and assigns
And as to all the rest residue and remainder of the said monies to arise from the sale of my said real and personal estate I direct that my said Trustees or Trustee for the time being of this my Will shall stand possessed thereof in Trust to pay and divide the same in equal shares and proportions unto and amongst my said eight nieces namely my said Niece Mary Beastall my said three nieces the daughters of my said late Brother William Beastall and my four nieces the daughters of my said Sister Clarissa Gibbs share and share alike And in case any one or more of my said eight nieces shall happen to depart this life before their or her share of and in the monies hereby bequeathed to them or her shall become due and payable leaving lawful issue then I direct that the shares or share of them or her so dying therein shall go and be paid to such issue in equal shares and proportions such issue taking the share or shares which their or her deceased parent or parents would have done if living and to be paid as and when such issue shall attain the age or respective ages of twenty one years and the interest dividends and annual produce to be in the meantime paid for and towards the education maintenance and support of such issue respectively
I Devise all the real estate vested in me as a Mortgagee or Trustee unto my said Trustees their heirs and assigns subject to the trusts and equities affecting the same respectively
Provided always and I do hereby further declare that they my said Trustees and the survivor of them and the Executors Administrators and assigns of such survivor shall be charged and chargeable only for so much money as they or he shall actually receive by virtue of the Trusts hereby in them reposed and that neither of them shall be answerable for the other of them but each of them for their and his own acts receipts neglects and defaults only nor for any misfortune loss or damage which may happen in the execution of the aforesaid Trusts except the same shall happen by or through their or either of their own wilful neglects and defaults respectively And also shall and may by and out of the monies which shall come to their respective hands by virtue of this my Will retain to and reimburse themselves respectively all such costs charges and expenses as they or he shall or may sustain or be put unto for or by reason of the trusts hereby in them or any of them reposed or otherwise relating thereto
And Lastly I do hereby nominate constitute and appoint the said William Beastall and Edward Doughty Johnson joint executors of this my last Will and Testament and hereby revoking all former and other Will and Wills by me at any time heretofore made I do declare this only to be and contain my true last Will and Testament
In Witness whereof I the said Edward Beastall the Testator have to this my last Will and Testament contained in this and the three preceding sheets of paper set my hand at the bottom or end of each sheet thereof this first day of August in the year of our Lord One thousand eight hundred and fifty nine
Edward Beastall
This and the three preceding sheets of paper were severally signed by the above named Edward Beastall the testator and the same were by him published and declared as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses the word “hereditaments” having been first interlined in the thirty second line of the first sheet hereof
Wm G Wagstaffe Solr Grantham
Wm G Wagstaffe Junr his Clerk
Proved 16th March 1860 by the Oaths of William Beastall and Edward Doughty Johnson the Executors
Sworn under £14,000 and that the Testator died on or about the 13th day of February 1860