William Bishop of Grimston 1792 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1792

This is the Last Will and Testament of me William Bishop of Grimston in the County of Leicester Butcher

First I desire to be buried in a decent manner at the discretion of my Executor hereinafter named

And as for my Worldly Estate which it hath pleased God to bless me with I Give and dispose thereof as follows – that is to say

I Give devise and bequeath unto my dear and loving Wife Mary Bishop and her assigns for and during the term of her natural life One Annuity or yearly sum of Fifteen pounds of lawful money of Great Britain free and clear of all Taxes and other Outgoings and deductions whatsoever And I direct the same to be issuing and payable out of all and every my Messuage or Tenement Homestead Closes or Grounds inclosed and Hereditaments situate lying and being in Grimston aforesaid and now in my own possession and to be paid in equal portions on those four days in every year – to Wit – The Feast of the Annunciation of the Blessed Virgin Mary Saint John the Baptist Saint Michael the Archangel and the Birth of our Lord Christ The first payment thereof to begin and be made on such of the said days as shall first and next happen after my decease And I Give unto my said Wife Mary Bishop such and the same power of enforcing and obtaining payment of the said Annuity or yearly sum of Fifteen pounds by Distress and Sale from time to time as any portion thereof shall be in Arrear and unpaid by the space of thirty one days next after any of the days whereon the same is hereinbefore appointed to be paid as aforesaid as Landlords have for the enforcing and obtaining payment of Rent in Arrear And I do hereby request that my Brother James Bishop my Friend John Garton of Dalby on the Woulds in the said County of Leicester Gentleman and my Son William Bishop and the Survivors and Survivor of them will see that the said Annuity and every part thereof is regularly paid to my said Wife in the proportion and manner hereinbefore specified

And I do hereby declare that the said Annuity of fifteen pounds hereinbefore bequeathed to my said Wife as aforesaid is and that the same shall be accepted by her in lieu bar and full satisfaction of and for all her Dower and Thirds at Common Law or by Custom which she may have claim or be entitled to out of in or to all and every or any the Messuages Lands Tenements  and Hereditaments whereof I shall die seized or possessed

And subject to the payment of the said Annuity I Give devise and bequeath All that Messuage or Tenement with the yard Gardens Homestead and Outbuildings thereunto belonging And also all those three several Closes or Grounds inclosed containing by Estimation thirty eight Acres or thereabouts situate standing lying and being in Grimston aforesaid and now in my own possession And all other my Lands Tenements and Hereditaments in Grimston aforesaid with their and every of their Appurtenances unto the said James Bishop John Garton and William Bishop their Executors Administrators and Assigns To hold the said Messuage or Tenement Closes or grounds inclosed Lands Hereditaments and premises unto the said James Bishop John Garton and William Bishop their Executors Administrators and Assigns from the day of my decease for during and unto the full end and term of Five hundred years from thence next ensuing and fully to be compleat and ended without Impeachment of or for any manner of waste Upon such Trusts nevertheless and to for such intents and purposes and under and subject to such Provisoes and Agreements as are hereinafter mentioned expressed and declared of and concerning the same

And from and immediately  after the end expiration or other sooner determination of the said Term I Give and devise the said Messuage or Tenements Homestead Closes Lands Hereditaments and premises unto my Son Thomas Bishop and his Assigns for and during the term of his natural life without impeachment of waste

And after the determination of that Estate Then to my two Friends John Simpson and Henry Gilbert and their heirs during the life of my said Son Thomas Bishop Upon Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring Actions as there shall be occasion Yet Nevertheless to permit and suffer the said Thomas Bishop and his Assigns during the then remainder of his life to receive and take the rents issues and profits thereof to and for his and their own use and benefit

And from and immediately after the decease of my said  Son Thomas Bishop Then I Give and devise the said Messuage Lands Hereditaments and premises to the first and to all and every other the Son and Sons of the Body of the said Thomas Bishop lawfully issuing severally successively and in remainder one after another in order and course as they shall severally be in Seniority of Age and priority of Birth and to the several and respective Heirs Male of the several and respective Bodies of all such Sons lawfully issuing Every older of such Sons and the Heirs Male of his Body issuing being always to be preferred and taken before every younger of such Sons and the heirs Male of his Body issuing

And for default of such Issue I Give and devise the said Messuage Lands Tenements and Hereditaments unto the said James Bishop John Garton and William Bishop their Executors Administrators and Assigns for and during the term of One thousand years from thence next ensuing and fully to be compleat and ended without Impeachment of Waste Upon such Trusts Nevertheless and to and for such intents and purposes and under and subject to such Provisoes and Agreements as are hereinafter mentioned expressed and declared of and concerning the same Term and from and immediately after the end expiration or other sooner determination of the said Term I Give and devise the said Real Estate and premises unto my Son James Bishop and his Assigns for and during the term of his natural life without Impeachment of Waste And after the determination of that Estate Then to the said John Simpson and Henry Gilbert and their heirs during the life of my said Son James Bishop Upon Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed And for that purpose to make entries and bring Actions as there shall be occasion Yet Nevertheless to permit and suffer the said James Bishop and his Assigns during the then remainder of his life to receive and take the rents issues and profits thereof to and for his and their own use and benefit

And from and immediately after the decease of my said Son James Bishop then I Give and devise the same Estate and premises To the first and to all every other the son and Sons of the Body of my said Son James Bishop lawfully issuing severally successively and in remainder one after another in order and course as they shall severally be in Seniority of Age and Priority of Birth and to the several and respective heirs male of the several and respective Bodies of all such sons lawfully issuing Every older of such Sons and the heirs Male of his Body issuing being always to be preferred and to take before every younger of such Sons and the heirs Male of his Body issuing

And for default of such Issue Then I Give and devise the said Real Estate and premises unto my Son William Bishop and his Assigns for and during the term of his natural life without Impeachment of Waste and after the determination of that Estate Then to the said John Simpson and Henry Gilbert and their heirs during the life of my said Son William Bishop Upon Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed And for that purpose to make entries and bring Actions as occasion shall require Yet Nevertheless to permit and suffer my said Son William Bishop and his Assigns during his life to receive and take the rents issues and profits thereof to and for his and their own use and benefit And from and immediately after the decease of my said Son William Bishop Then I Give and devise the same Estate and premises To the first and to all and every other the Son and Sons of the Body of the said William Bishop already born or hereafter to be born severally successively and in Remainder one after another in order and course as they shall severally be in Seniority of Age and priority of Birth and to the several and respective Heirs Male of the several and respective Bodies of all such Sons lawfully issuing Every older of such Sons and the heirs Male of his Body issuing being always to be preferred and to take before every younger of such Sons and the heirs Male of his Body issuing

And for default of such Issue Then I Give and devise the said Real Estate and premises unto my Son George Bishop and the heirs Male of his Body lawfully issuing And for default of such Issue To my Son Joseph Bishop and their Heirs Male of his Body lawfully issuing And for default of such Issue Then to my own right heirs for ever

And I do hereby expressly declare that the said Messuage Lands Tenements and other Hereditaments hereinbefore limited to the said James Bishop John Garton and William Bishop their Executors Administrators and Assigns for the term of Five hundred years as aforesaid is and are so limited to them Upon this Special Trust that they the said James Bishop John Garton and William Bishop and the Survivors and Survivor of them and the Executors Administrators or Assigns of such Survivor shall and do by Sale or Mortgage of the said Messuage Lands Tenements and Hereditaments comprised in the said Term of five hundred years or of a competent part thereof for all or any part of the same Term or by or out of the rents and profits of the same premises in the mean time until such Sale or Mortgage shall be made or by such other ways or means as shall be thought fit (but subject and without prejudice to the raising and paying of the said Annuity of Fifteen pounds) Raise and Levy such Sum and Sums of money for the benefit of my said Son Thomas Bishop as they the said James Bishop John Garton and William Bishop or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall think proper and requisite so as the same exceed not the sum of Two hundred pounds which sum or sums of money so to be raised as aforesaid I Will shall be paid to my said Son Thomas Bishop at such time or times and in such manner as they my said Trustees or the Survivors or Survivor of them shall think fit

And my Will is And I do hereby expressly declare that the said Messuage Lands Tenements and other Hereditaments hereinbefore limited to the said James Bishop John Garton and William Bishop their Executors Administrators and Assigns for the Term of One thousand years as aforesaid is and are so limited to them Upon the Trusts and to and for the ends intents and purposes hereinafter mentioned – that is to say

In case there shall be any Daughter or Daughters of the Body of the said Thomas Bishop lawfully issuing then the said James Bishop John Garton and William Bishop or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall (but subject and without prejudice to the raising and paying the said Annuity of Fifteen pounds and subject and without prejudice to the raising such contingent sum or sums of money as aforesaid and to the Remedies given and provided for securing and recovering the same respectively) by demise Mortgage or Sale of all or any part of the Premises Comprised in the said Term of One thousand years for all or any part of the same Term or by such other ways or means as shall be thought fit Raise and Levy the sum of Fifty pounds apiece for all and every such Daughters of the said Thomas Bishop, if more than one, And if but one such Daughter then the sum of One hundred pounds for such only Daughter And I do hereby declare that such Portion or Portions shall be an interest or interests vested in such Daughter or Daughters at her or their respective Age or Ages of Twenty one years or day of days of Marriage which shall first happen and the same shall be raised and paid to them accordingly

And whereas I have bestowed upon my oldest son John Bishop a considerable sum of money for the purpose of Settling him in Business which through his indiscretion he has exhausted Now as a further token of my affection for him I do hereby give and bequeath unto my said Trustees James Bishop John Garton and William Bishop their Executors and Administrators the sum of One hundred and Sixty pounds Upon Trust Nevertheless to put the same out at interest as soon as conveniently may be after my decease upon such Security or Securities as they shall think proper and pay the interest and profits thereof as the same shall arise unto my said Son John Bishop for and during the term of his natural life and from and immediately after his decease Then upon Trust to pay and apply the interest and proceed of the said sum of One hundred and sixty pounds as the same shall arise for and towards the Maintenance of all and every the Child and children of my said Son John Bishop untill they shall severally and respectively attain to their respective Age and Ages of Twenty one years or day or days of Marriage which shall first happen so as such Marriage or Marriages be had with the consent of my said Trustees And when and as soon as my said Grand Children shall attain to their several and respective Age and Ages of Twenty one years or shall be respectively Married with such Consent as aforesaid which shall first happen Then Upon Trust to pay the sum of Sixty pounds part of the said principal Sum of One hundred and Sixty pounds unto my Grand son John Bishop (eldest Son of my said son John Bishop) and upon Trust to pay the residue of the said sum of One hundred and sixty pounds unto and among all and every other the Child and Children of my said Son John Bishop in equal shares and proportions But in case any of my said Grand Children shall die before their respective Legacies shall become due and payable as aforesaid Then my Will is that the Legacy or Legacies share or shares of the said sum of One hundred and sixty pounds of him her or them so dying shall go and be paid unto the Survivors and Survivor of them in equal shares Provided always that in case my said Son John Bishop shall hereafter reclaim and become sober and attentive to Business Then my Will is and I do hereby impower and direct my said Trustees and the Survivors and Survivor of them his Executors or Administrators to pay him Twenty pounds part of the said sum of Sixty pounds provided for my said Grandson at such time or times and in such manner as shall be thought meet any thing hereinbefore contained to the contrary notwithstanding

Also I Give and bequeath unto my four Children James, George, Joseph, and Sarah the sum of Two hundred and fifty pounds apiece, to my Daughter Elizabeth the Wife of William Capp, One hundred and fifty pounds and to my Son William, One hundred pounds which Legacies I Will shall be paid to them respectively within twelve Months next after my decease

I Give and devise unto my said Son Thomas Bishop all that my New inclosed piece or parcel of Land or Ground situate lying and being in the Lordship or Liberties of Asfordby in the said County of Leicester containing by Estimation Seventeen Acres or thereabouts (be the same more or less) and now in my own possession with the Appurtenances To hold the same unto and to the use of my said Son Thomas Bishop his Heirs and Assigns for ever But Subject Nevertheless and I do hereby Charge and make Chargeable the said Close or Ground inclosed and Hereditaments in Asfordby aforesaid with the payment of so much and such part of my Debts Legacies and Funeral Expences as my personal Estate hereinafter bequeathed to my said Son Thomas Bishop shall fall short of discharging

I Give and bequeath unto my said Wife Mary Bishop a Bed Bedstead and Furniture and such other part of my Household Goods and personalty as she shall think proper to take provided the same do not exceed the value of Ten pounds Such Furniture to be delivered to her immediately after my decease

And I do hereby declare my Will to be that it shall and may be lawful to and for my said Trustees their respective heirs Executors and Administrators by and out of all or any of the Monies which by virtue of this my Will or any Trust herein declared shall come to their either or any of their hands to deduct retain to and reimburse themselves all such reasonable Costs Charges and Expences as they respectively shall or may be put unto in or about the Execution of this my Will And that my said Executors shall be Charged and Chargeable only every of them for and with his and their own respective Receipts and payments acts and wilful defaults and not otherwise and shall not be Charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to their hands by virtue of this my Will Nor with or for any loss or damages which may happen in or about the Execution of all or any the Trusts hereby in them reposed without his or their respective wilful default

And Lastly All my Household Goods other Goods Stock Cattle Chattels Rights Credits ready money and Securities for money and all other my personal Estate whatsoever and wheresoever not hereinbefore by me specifically given and bequeathed my debts Legacies and Funeral Expences being first paid and discharged I Give and bequeath unto my said Son Thomas Bishop whom I do hereby nominate constitute and appoint full and sole Executor of this my last Will and Testament, hereby revoking all former Wills by me made

In Witness whereof I the said William Bishop the Testator have hereunto set my hand and Seal this twelfth day of April in the year of our Lord One thousand seven hundred and ninety two

                                                                                                                Will Bishop

Signed Sealed published and declared by the said William Bishop the Testator as and for his last Will and Testament written on seven Sheets of paper to each of which he hath set his hand and to this the last sheet fixed his Seal in the presence of us who have at this request in his presence and in the presence of each other set our hands as Witnesses to the due Execution thereof

William Marson ) both of

Robert Mackley ) Grimston

Brewster Junr Melton Mowbray

18 May 1792 Thomas Bishop the Son and sole executor named in the above written Will of the above named William Bishop his late Father deceased was then sworn to the due execution of the said Will and at the same time made oath that the said testator did not die possessed of a personal Estate to the amount of Two Thousand pounds as he verily believed

                                                                                                                Before use Matthew Babington, Commissary