Bonser Thomas Clay 1888 of Plungar will

Thomas Clay Bonser of Plungar 1888 Will

Leicestershire, Leicester and Rutland Archives DE 462/31

This is the last Will and Testament of me Thomas Clay Bonser of Plungar in the County of Leicester Grocer and Tea Merchant

I revoke all prior Wills or Testamentary writings made by me

I appoint my Wife Ann Bonser (during her widowhood) my Brother John Bonser of Barkstone in the County of Leicester Herbert Pearson of Hackney in the County of Middlesex and Thomas Smart of Trent Bridge in the Town of Nottingham Contractor to be the Executors and Trustees hereof

I bequeath all the furniture plate linen china glass books prints pictures jewellery and ornaments of the person wines liquors fuel consumable provisions and other household effects of which I shall die possessed together with my horse carriage harness carriage rugs whips and all other effects appertaining thereto unto my said Wife Ann Bonser absolutely for her separate use independently of her future husband (if any)

I bequeath the sum of Two hundred pounds to my said Wife Ann Bonser absolutely and direct the same to be paid to her within three calendar months after my death out of any money in my house or at my private Bankers And in case the same funds shall not together be sufficient to pay such legacy in full the deficiency shall be made up out of the residue of my estate

I bequeath to Ann Smart the Mother of the said Thomas Smart a Legacy or sum of One hundred pounds free of legacy duty for her own absolute use

I direct that in case my Partner Samuel Parkes shall under Clause “14” of our Partnership Deed exercise the option of pre-emption thereby given to him my Trustees and Executors may allow any part not exceeding Two thousand pounds in the whole of the purchase money for my share and interest in the partnership business to remain unpaid upon the terms following namely, that the said Samuel Parks shall pay to my Trustees and Executors the said unpaid purchase money by yearly instalments of Two hundred and fifty pounds the first payment to be made at the end of one year after my death and each following instalment at the end of every succeeding year until the whole of the said unpaid purchase money shall be paid, and that the said Samuel Parkes shall also pay to my Trustees and Executors Interest for the said unpaid purchase money or for so much thereof as shall for the time being remain unpaid after the rate of Five pounds per centum per annum computed from the time of my decease by half yearly instalments the first of such payments to be made at the expiration of six calendar months after my death and so on from time to time And also shall secure to my Trustees and Executors the payment of the said unpaid purchase money and the interest thereof in the manner required by them Provided always that the foregoing provision shall not preclude my Trustees and Executors in case of the death bankruptcy or insolvency of the said Samuel Parkes from requiring immediate payment of the whole of the said unpaid purchase money or so much thereof as shall for the time being remain unpaid and the interest thereof as aforesaid

And subject to the preceding bequests and provisions I give devise and bequeath all and singular my real and personal estate of every kind unto my said Trustees Upon trust to sell convert and get in the same as soon as convenient after my death and after payment out of the proceeds of such sale getting in and conversion of my debts funeral and testamentary expenses to stand possessed or the surplus Upon trust to invest the same in such securities as Trustees are authorised by law to invest trust funds and to pay the income arising therefrom (including any rents or income until such sale getting in and conversion as aforesaid) unto my said Wife Ann Bonser during her life And from and after her death Upon trust to realize the whole of my estate and to divide the same into five equal parts and to stand possessed thereof respectively upon the trusts following namely

  • As to one fifth part or share to invest the same as hereinbefore mentioned and to pay the income arising therefrom to my Sister Sarah Waddingham Wife of Charles Waddingham of Market Rasen Farmer during her life and after her death to stand possessed of such one fifth share In trust for my said Brother John Bonser the said Herbert Pearson and the children of my deceased Sister Elizabeth Stockwell in equal shares but so that such children if more than one shall take equally among them one third part of such one fifth share
  • As to one other fifth part or share to pay the same to my said Brother John Bonser
  • As to one other fifth part or share to pay the same to the child or children then living of the said Elizabeth Stockwell deceased and if more than one in equal shares
  • As to one other fifth part or share to pay the same to the said Herbert Pearson And
  • As to the remaining one fifth part or share to divide the same into three equal parts and as to one of the same three equal parts to pay the same to or among the child or children of my Wife’s Brother Charles Pearson living at her death and equally among them if more than one and as to another of such three equal parts to pay the same to the said Samuel Parkes for his own use and as to the other of the same three equal parts to pay the same to the Treasurer of Stephenson’s Home in Bonner Street London for outcast children for the benefit of such Institution

Provided Always and I direct that in case at my Wife’s death any money shall be owing by the said Samuel Parkes on account of the purchase of my share and interest in our Partnership business it shall be lawful for my Trustees to postpone the distribution and payment of the said last mentioned fifth part or share until the moneys so owing by the said Samuel Parkes shall be fully paid or distribute and pay the same part or share as the money shall be received from the said Samuel Parkes so and in such manner that Emily Shutt (a child of the said Charles Pearson) shall receive her share first and before any other child of his and so that the Wife of the said Samuel Parkes (another child of the said Charles Pearson) and the said Samuel Parkes shall not receive her and his shares until the whole of the money so owing by the said Samuel Parkes shall be fully paid

I declare that if any person or persons entitled to any benefits under the provisions of this my Will shall die in my lifetime or in the lifetime of my said Wife leaving a child or children who shall survive me and my said Wife and who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age then and in such case the last mentioned child or children shall take (and equally among them if more than one) the benefits to which his her or their parent would have been entitled if living at my death and the death of my said Wife

In witness whereof I the said Thomas Clay Bonser the Testator have to this and the two preceding sheets of paper set my hand this Fourteenth day of October One thousand eight hundred and eighty six

                                                                                                  Thomas Clay Bonser

Signed acknowledged and declared by the said Thomas Clay Bonser the Testator as and for his last Will and Testament in the presence of us who in and before leaving his presence at his request and in the presence of each other all being present together at the same time have hereunto subscribed our names as witnesses attesting the execution hereof

CW Overbach            )  Clerks to Messrs Towle, Gilbert & Sons

AG Whitworth Solr. )  Solicitors, Nottingham

Proved at Leicester on the twenty seventh day of January 1888 by the Oaths of Ann Bonser Widow the Relict, John Bonser the Brother, Herbert Pearson and Thomas Smart, the Executors to whom Administration was granted, but to the said Ann Bonser during Widowhood only

The Testator Thomas Clay Bonser was late of Plungar in the County of Leicester Grocer and Tea Merchant and died on the twenty fourth day of November 1887 at Plungar aforesaid

Personal Estate Gross £5,337.9.10.  Net £5,271.1.7.