Stevenson Gilbert Bellairs of Goadby Marwood 1882 Will
Leicestershire, Leicester and Rutland Archives DE 462/25 page 412
This is the last Will and Testament of me Stevenson Gilbert Bellairs of Goadby Marwood in the County of Leicester Clerk in Holy Orders
I give and bequeath to my dear Wife Florence Elizabeth the sum of Two hundred pounds and I direct that such Legacy shall be paid to her immediately after my decease
I give and bequeath unto my Trustees hereinafter named their executors and administrators all my Silver plate (except that hereinafter mentioned) books and pictures Upon trust to permit my said Dear Wife to possess use and enjoy the same during her life she keeping the same properly insured against fire and properly preserving the same from deterioration reasonable wear and tear excepted and after her death Upon Trust for my Son Gilbert Nigel Mowbray Bellairs absolutely if he shall attain the age of Twenty one years but if he shall not attain that age then I direct that the same shall sink into and form part of my residuary estate
I declare that (if my Wife shall survive me) an inventory of the said Silver plate books and pictures shall be made as soon as conveniently may be after my death and signed by my said Wife and that such inventory shall be kept in the custody of the said Trustees or Trustee and that they or he after taking such inventory and procuring the same to be signed by my said Wife shall not afterwards during her life be in any way liable for or concerned to see to the custody insurance or preservation of the said articles and effects or any of them
I give and bequeath all my household goods and furniture ornaments wearing apparel (and any silver plate which may have belonged to my said Wife before her marriage or which she may hereafter acquire from her own family or I may acquire in her right) plated goods linen china and glass horses and carriages wines spirits and provisions in and about my house at Goadby Marwood or in or about my residence at the time of my decease and any ready money which may be in such house at the time of my decease unto my said Dear Wife absolutely
I appoint my Brother George Clarke Bellairs and my friend William Jesse Freer of Knighton in the County of Leicester Gentleman (hereinafter called “my Trustees”) Trustees and Executors of this my Will
I give and devise all my real estate whatsoever and wheresoever including the perpetual Advowson Donation right of patronage and presentation of and to the Rectory and Parish Church of Goadby Marwood aforesaid And also all my estate and interest in the Advowson right of Patronage and Presentation of and to the Parish Church and Rectory of Stockerston in the County of Leicester with all and singular the glebe lands tithes rights and appurtenances thereto respectively belonging (but excepting all estates vested in me as a Trustee or Mortgagee) unto and to the use of my Trustees their heirs and assigns To hold the same Upon trust that they or the survivor of them or the heirs or assigns of such survivor do and shall at any time or times hereafter upon the request in writing of my said Wife during her life and after her decease at their or his discretion (but subject to such discretionary powers as to the said Advowsons as are hereinafter contained) sell and absolutely dispose of the said devised hereditaments and real estate or any part or parts thereof either together or in parcels and either by public auction or private contract to any person or persons whomsoever for the best price or prices that can be reasonably obtained and which they or he shall approve of accepting for the same (with power to make any special or other conditions of sale or any stipulations as to title or evidence of title or otherwise and to buy in all or any part of the said estates at any such sale by Public auction or to rescind any Contract and to resell the premises without being answerable for loss) and do and shall make and execute such Conveyances or other assurances for effecting such sales and I give to the Trustees or Trustee for the time being of this my Will discretionary power to postpone for such period as to them shall seem expedient the sale of all or any part of my real estate and I direct that until such sale or sales the rents and profits of such real estate shall be paid to the person or persons who under the trusts hereinafter contained would be entitled to the income and proceeds of the moneys arising therefrom if the same were sold and the moneys arising from such sale were invested in manner hereinafter directed
And I direct that the clear moneys to arise from the sale of my said real state shall be applied and disposed of according to the trusts and purposes hereinafter expressed of and concerning the same Provided always and notwithstanding that the said Advowson of Goadby Marwood and my estate and interest in the Advowson of Stockerston are respectively included in the general trust for sale hereinbefore contained of my real estate
I hereby empower the Trustees or Trustee for the time being of this my Will to act as regards the said advowson or the next or any future presentation to the livings of Goadby Marwood and Stockerston or either of them in manner hereinafter expressed that is to say
Upon trust to sell the next or any future presentation of the said livings or either of them from time to time for such price as they or he shall think fit the moneys arising from such sale or sales to be considered as part of my general residuary estate and also if it should happen that a vacancy or vacancies should occur in the said livings or either of them before the sale of the said advowsons or either of them and without any sale having been made of the presentation on such vacancy then Upon trust to present such person or persons to the said living or livings as the Trustees or Trustee for the time being of this my Will (with the consent in writing of my said Wife during her life and after her decease at their or his discretion) shall think fit taking or not taking from the person or persons so presented such Resignation Bonds in favour of any Son of mine or any husband of any daughter of mine as shall be legal as the said Trustees (with such consent or at such discretion as aforesaid) shall think fit And also to present any Son of mine or any husband of any daughter of mine to the said living or either of them Provided always and I hereby declare that if the Trustees or Trustee of this my Will shall not think to resort to a sale of the said Advowsons or Advowson and if no child of mine shall attain the age of Twenty one years I devise the said Advowsons or Advowson to my own right heirs for ever
I give and bequeath all my ready money securities for money and all other my personal estate and effects whatsoever and wheresoever (not hereinbefore disposed of) unto my Trustees their executors administrators and assigns Upon trust to collect get in and convert into money all such parts of my said personal estate as shall not consist of money or eligible securities for money and I direct that the Trustees or Trustee for the time being of this my Will shall stand possessed of as well the money to arise from my said residuary personal estate as the money to arise from the sale of my said real estate as one general fund Upon the trusts following namely
Upon Trust in the first place to pay all my just debts funeral and testamentary expences and legacies and after such payments Upon trust with the consent of my said Wife during her life and after her decease then in the discretion of the Trustees or Trustee for the time being of this my Will to lay out and invest such clear residue and surplus of my said real and personal estates in their or his names or name in or upon any of the stocks funds or securities of the United Kingdom or in or upon any real security in Great Britain and not elsewhere or in or upon Debentures or Mortgages of any Railway Canal or Dock Company or Companies or other similar Company or Companies in England established and incorporated by Authority of Parliament with power from time to time with such consent or in such discretion as aforesaid to vary the securities in or upon which such investment shall be made for any other investment or investments of the descriptions aforesaid And do and shall stand possessed of and interested in the residuary trust moneys and premises so to be invested as aforesaid and the interest dividends and annual produce thereof upon the trusts next hereinafter declared concerning the same (that is to say)
Upon Trust to pay the annual dividends interest or income of all the said trust moneys or the stocks funds or securities wherein the same shall be invested unto my said Wife Florence Elizabeth and her assigns for her life if she shall continue my Widow without power of anticipation but if my said Wife shall marry again then Upon Trust out of the said annual income of the said trust moneys and premises to pay unto my said Wife an annuity or yearly sum of Two hundred and fifty pounds during her life upon her single receipt for her separate use and free from marital control and engagements but without any power for her to anticipate the growing payments thereof And I direct that the said annuity shall be paid without any deduction by equal quarterly payments in every year the first payment of the said annuity to be made on the expiration of three calendar months next after the marriage of my said Wife
And subject and without prejudice to the trusts aforesaid I direct that the said residuary trust moneys and premises shall be held Upon trust for my Child if only one or all my Children if more than one who either before or after my decease being a Son shall attain the age of Twenty one years or being a daughter or daughters shall attain that age or be previously married with the consent of her or their guardians for the time being and if more than one as tenants in common but not in equal shares it being my intention that the share of my Son if he shall attain a vested interest under the trust last aforesaid shall be to the share of each of my daughters who shall attain a vested interest under the same trust in the proportion of two to one And in case I shall have only one child who shall attain a vested interest under the trust last aforesaid then the said residuary trust moneys and premises shall be wholly held in trust for such one child absolutely Provided always and I hereby declare that the share of every or any daughter of mine in the said residuary trust moneys and premises shall be for her sole and separate use
And if there shall be no child of mine who being a Son shall attain the age of Twenty one years or being a daughter or daughters shall attain that age or marry Then as to the capital and income of my said residuary trust moneys and the stocks funds and securities representing the same In trust (subject to the annuity given to my said Wife if she be living and married again) for my Brother George Clarke Bellairs absolutely if he shall be living at the decease or second marriage of my said Wife or failure of issue which shall last happen but if he be then dead then In Trust to pay the income of the said residuary trust moneys (subject to the said annuity) unto my Sister Dora Mary Allford for her life for her sole and separate use without power of anticipation and from and immediately after her decease Upon Trust to stand possessed of the said residuary trust moneys and the stocks funds and securities representing the same and the annual income thereof In Trust for Henry George Lynwood Allford and Alice Edith Allford the Son and Daughter of the said Dora Mary Allford in equal shares the share of the daughter to be for her sole and separate use
I empower the Trustees or Trustee for the time being of this my Will to apply all or any part of the yearly income to which under any of the bequests or dispositions hereinbefore contained each or any infant Legatee shall be entitled or contingently entitled in possession towards the maintenance and education or otherwise for the benefit of such legatee during his or her minority or at the option of such Trustee or Trustees to pay the same into the hands of the parent or guardian of such legatee to be so applied but for the application whereof by such parent or guardian such Trustees or Trustee shall not be responsible and I empower the Trustees or Trustee for the time being of this my Will with the consent of my said Wife during her life and after her decease at the discretion of such Trustees or Trustee to advance and apply any part not exceeding one half of the Capital to which under any of the said bequests or dispositions each of any Infant legatee shall be entitled or presumptively entitled in or towards his or her advancement or preferment in the World
I devise all estates vested in me upon any trust or by way of mortgage unto and to the use of my Trustees their heirs and assigns but subject to the trusts and equities of redemption respectively subsisting therein
I appoint my said Wife guardian of my Infant Children during their minority Provided always and I hereby declare that the said George Bellairs and William Jesse Freer or either of them and every Trustee of this my Will who shall be a Solicitor may act as Solicitors to my estate and shall be entitled to charge and shall be paid for all business done by them or him as Solicitors in respect of my estate in the same manner as if they or he had not been Trustees or Executors of this my Will
And lastly I revoke all former Wills by me at any time heretofore made and declare this only to be my last Will and Testament
In Witness whereof I the said Stevenson Gilbert Bellairs have to this my last Will and Testament set my hand this Twenty third day of April One thousand eight hundred and seventy nine
Stevenson Gilbert Bellairs
Signed and declared by the said Stevenson Gilbert Bellairs as and for his last Will and Testament (contained on this and the four preceding sheets of paper) in the presence of us being both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
John Wright, Farmer, Goadby Marwood, Leicestershire
Richard William Watson, Farmer, Goadby Marwood, Leicestershire
Proved at Leicester on the Eleventh day of August 1882 by the Oaths of George Clarke Bellairs, the Brother, and William Jesse Freer the Executors to whom Administration was granted
The Testator The Reverend Stevenson Gilbert Bellairs was late of Goadby Marwood in the County of Leicester Clerk and died on the Twenty ninth day of April 1882 at Goady Marwood aforesaid
Personal Estate Gross £2,686.10.5. Nett £1,997.4.6.