Brett William 1851 of Upper Broughton Will

William Brett of Upper Broughton 1851 Will

The National Archives PROB 11/2125/34

This is the last Will and Testament of me William Brett of Upper Broughton in the County of Nottingham Farmer

I give and devise all my messuages closes lands tenements hereditaments and real estate whatsoever in the Counties of Leicester and Nottingham or elsewhere unto Henry Theobald Hanbury of Welby in the said County of Leicester Grazier and William Latham of Melton Mowbray in the County of Leicester Attorney at Law their heirs and assigns for ever And I direct that the said Henry Theobald Hanbury and William Latham and the survivor of them and the trustees for the time being to be appointed under the provision hereinafter contained for that purpose shall stand possessed of my said real estate upon the following trusts that is to say

To receive the rents of the whole of my said real estate and pay the same to my wife Katherine Brett during her life and after her death in case Thomas Willows the youngest son of the late William Willows of Melton shall be under twenty five years of age to make such an allowance and payments out of the said rents for his benefit as in the discretion of my said trustees shall be thought sufficient and let the residue of such rents accumulate till the said Thomas Willows attains twenty five years of age and on his attaining such age I direct my said trustees to pay to him the accumulation of such rents and to pay to him all the rents which may afterwards accrue during the life of the said Thomas Willows to him the said Thomas Willows absolutely And after the decease of the said Thomas Willows if he shall leave an only or a youngest son I direct my said trustees for the time being to convey all my said real estates to such only or to the youngest son of the said Thomas Willows living at his death his heirs and assigns for ever

If on the death of the said Thomas Willows there shall not be any son of his to inherit my estates as aforesaid I direct the same to be conveyed to the only or to the youngest son of Elizabeth Willows (his sister) then living and to his heirs and assignes for ever And in default of there being such a son of Elizabeth I direct my said estate to be conveyed to the only or youngest son of Mary Willows (sister of the said Thomas Willows) and to his heirs and assigns for ever if there shall be one living at the death of the said Thomas Willows And in default of there being a son of the said Mary Willows I direct my said estates to be conveyed to the only or to the youngest son of Martha Willows (sister of the said Thomas) then living and to his heirs and assigns for ever

And in default of there being a son of the said Martha Willows I direct my said estates to be conveyed to the only or to the youngest son of Ann Willows (sister of the said Thomas) then living and to his heirs and assigns for ever And in default of there being a son of the said Ann Willows I direct my aid estates to be conveyed to the only or to the youngest son of John Willows (son of the said William Willows late of Melton) living at the death of the said Thomas Willows and to his heirs and assigns for ever and in case there shall be no son of the said Thomas, Elizabeth Mary, Martha, Ann and John living at the death of the said Thomas Willows I direct my said trustees for the time being to convey my said real estates to my own right heirs for ever

Provided always and I do hereby declare and direct that the said Thomas Willows shall have no power to sell or mortgage his life interest in the said rents and on his making any attempt to sell or mortgage the same my trustees shall discontinue paying the same to him or his assigns and let the rents accumulate for the next person in succession during the remainder of his life

Provided always and I do hereby further direct that if on the death of my said wife Mrs Willows the mother of the said Thomas Willows shall be living my said trustees for the time being shall pay to the said Mrs Willows forty pounds per annum during her life out of my said real estates to commence on my wife’s death and to be paid half yearly the first payment to be made at the expiration of six months from her death and free from legacy duty

I give and bequeath all my household furniture brewing vessels plate linen and all other effects in and about my premises unto my wife absolutely and not subject to the legacies hereinafter bequeathed

I give and bequeath all my money securities for money farming stock hay corn implements of husbandry horses and All other my Personal Estate not before bequeathed unto my said wife she paying thereout my debts funeral and testamentary expences and the following legacies to be paid at the expiration of twelve months from my death And in case my personal estate so last bequeathed should be insufficient for the payment of my debts and legacies I direct my legacies to abate in proportion to their respective amounts

I give to my relation John Marriott late of Clawson one hundred pounds to his sisters Anna Hanbury and Elizabeth Yeomans one hundred pounds each, to my relation William Walker of [blank] in America one hundred pounds and to his brother Richard Walker one hundred pounds

I give to my relations Cooper Angrave one hundred pounds and to each of his brothers John, Richard, William, Clifton and Charles one hundred pounds Also to Henry Angrave another brother one hundred pounds, to Hannah Angrave and Rebecca Angrave sisters of the above one hundred pounds apiece, To John Willows of Melton one hundred pounds, to his eldest sister Elizabeth five hundred pounds, to Mary Willows another sister five hundred pounds and to Ann and Martha two other sisters one hundred pounds apiece To Ann Warner and Elizabeth Warner daughters of George Warner of Melton one hundred pounds apiece To Ann West Mary Preston Elizabeth Preston Henry Preston and Frederick Preston children of the late Peter Preston of Nottingham one hundred pounds apiece To my relation Charlotte Watts of [blank] in America one hundred pounds and to Robinson Humfrey of [blank] in America one hundred pounds To the four children of John Walker late of Borrowash who are now in America one hundred pounds each provided they make their claim for the same within seven years from my death

I give to the said Henry Theobald Hanbury and William Latham my trustees one hundred pounds apiece

I desire my trustees to continue William Beeby my present tenant at the same rent as he holds of me the land in his occupation for twenty one years from my death but that my said trustees shall have power of turning him out of his farm if he does not manage it properly or if he attempts to plough up any more land than is at present ploughed up

Provided always and I do hereby further direct that if I should have a child born in my lifetime or in due time afterwards all the above provisions to be void and of none effect and if such an event should occur I give and devise all my said real estate to my child so to be born his or her heirs and assigns for ever

And I give and bequeath all my money and personal estate to my wife absolutely discharged from the payment of any legacies And I appoint my said wife and the said Harry Theobald Hanbury and William Latham joint Executors of this my will Provided also and I do hereby further declare and direct that it shall and may be lawful for the acting trustee or trustees of this my will for the time being and for the heirs executors or administrators of the surviving trustee from time to time as often as there shall be occasion to appoint any person or persons to supply the place or places of any present or future trustee or trustees of this my will who may die or become unwilling or unable to act in the execution of the aforesaid trusts before the same shall be fully performed and that from and after such appointment the said trust estate and trust monies may be conveyed assigned and transferred so and in such manner that the same may vest jointly in any new and old trustees or solely in the new trustees as occasion shall require and the said new trustees shall be entitled to all the powers and authorities as are hereby given to the trustees hereby appointed

In witness whereof I the said William Brett the testator have to his my last will and testament contained on four sheets of paper set my hand this tenth day of August one thousand eight hundred and forty one

                                                                                                                Willm Brett

Signed by the said William Brett the testator in the presence of us 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 the word “William” on the 13th line of the 3d sheet having been first written on an erasure

Wm Fabling Stapleford

George Minkley Clerk to Mr Latham

This is a Codicil to the will of me William Brett of Upper Broughton Gentleman

Whereas by my will I have given to my relation William Walker of [blank] in America one hundred pounds I confirm the said legacy to him but he having removed to Leicester I mention this circumstance to prevent any misunderstanding as to the person intended And whereas I have given to Ann and Martha Willows one hundred pounds each Now I do hereby give and bequeath to the said Ann and Martha Willows four hundred pounds more apiece thereby making their legacies equal with their sisters

I give and bequeath to the Minister and Churchwardens for the time being of Upper Broughton aforesaid the sum of one hundred pounds (and payable out of such part of my personal estate as shall not consist of mortgage securities) Upon trust that they and their successors shall place and continue the same in the public funds and apply the dividends thereof every Christmas for the benefit of the Poor of Upper Broughton aforesaid to be distributed amongst them in Meat Bread and Coals or in any or all of the said articles according to the discretion of the said Minister and Churchwardens for the time being for ever

And whereas by my said will I have desired my trustees to continue William Beeby my tenant in the occupation of his farm at the same rent he now holds it for twenty one years from my death And whereas inasmuch the value of the occupation of land may vary very much during such term I direct that the present rent shall not be the exact rent to be received but that the rent during such term shall be varied from time to time to meet the alteration as to the amount of rent such amount shall be settled by some respectable Land Valuer to be named by all parties the expence of such valuation to be made at the joint expence of my trustees and my tenant

I give to William Brett …harras of Langham farmer a legacy of one hundred pounds subject to the same abatement as mentioned in my will And I confirm my will in every respect subject to the above alterations

In witness whereof I the said William Brett the testator have hereunto set my hand this thirty first day of March 1843

                                                                                                                William Brett

Signed and published by the said William Brett the testator as a Codicil to his will in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Mary Burrill

Joseph Burrill

This is a second Codicil to the will of me the before named William Brett

I give and devise all the land and real estate which I have purchased since making my will and first Codicil and all the real estate of which I shall be possessed to my said trustees mentioned in my will and their heirs upon the several trusts intents and purposed mentioned in my said will

I give and bequeath to Job Preston of Melton Mowbray in the County of Leicester Draper a legacy of one hundred pounds

I revoke the legacy of one hundred pounds to John Willows late of Melton Mowbray and now of Frisby on the Wreake and instead thereof I direct my trustees to place out at interest on real or government security the sum of five hundred pounds and pay the interest or dividends thereof to the wife of the said John Willows during her life and after her death to pay and divide the principal amongst the children or to the only child of the said John Willows now or hereafter to be born as shall live to attain the age of twenty one years or marry

I revoke the legacy of five hundred pounds to Mary Willows contained in my will and Codicil and instead thereof I direct my said trustees to place out at interest the sum of five hundred pounds and pay the interest or dividends thereof to the said Mary now Mrs Shelton during her life and after her death pay and divide the principal to her children or only child hereafter to be born as shall attain the age of twenty one years And if she should die without leaving and child or leaving any none should attain the age of twenty one years I direct the principal to be divided amongst her brothers and sisters in such a manner as she shall by her will direct and in case of her making no will to all her brothers and sisters living at her death in equal shares

And I expressly direct that the receipts of the wife of the said John Willows and of the said Mary Shelton shall alone be sufficient discharges to my said trustees for the said interest or dividends That such interest or dividends shall not be subject to the control debts or engagement of their respective husbands That they shall not have power to mortgage sell assign anticipate or in any way incumber their respective life interests and that on their attempting to do so their life interests cease and that if the said John Willows or the husband of the said Mary Shelton shall become Bankrupt or Insolvent so that their Assignes might claim the said respective wifes life interests the same life interests shall cease altogether and be payable unto my wife if living or my trustees if dead

I declare this to be a second Codicil to my last will and testament

In witness whereof I the said William Brett the testator have hereunto set my hand this seventh day of August one thousand eight hundred and fifty

                                                                                                                William Brett

Signed published and declared by the said William Brett the testator as and for a second Codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Mary Burrill

Geo. Minkley

Proved at London with two Codicils 10th Jan 1851 before the Judge by the oaths of Catherine Brett widow the relict and Henry Theobald Hanbury and William Latham the Executors to whom Admon was granted having been first sworn by Comon only to administer