Thomas Brown of Holwell then Melton Mowbray 1877 Will
Leicestershire, Leicester and Rutland Archives DE 462/20 page 3
This is the last Will and Testament of me Thomas Brown of Holwell in the County of Leicester Yeoman
I give devise and bequeath all my real estate whatsoever and wheresoever situate and whether in possession reversion remainder or expectancy And also all my money securities for money and all other my personal estate and effects of whatsoever nature or kind the same may consist unto my Brother in law William Shouler of Melton Mowbray in the County of Leicester Auctioneer and my nephew George William Brown of Holwell aforesaid Grazier their heirs executors administrators and assigns Upon trust that they the said William Shouler and George William Brown or the survivor of them or the heirs executors administrators and assigns of such survivor (hereinafter called the Trustees or Trustee) do and shall as soon as conveniently may be after my decease sell all my said real estate either together or in parcels and either by Public Auction or private contract with full power to buy in or rescind any contract for sale and to re-sell without being answerable or accountable for any loss occasioned thereby and to do all such acts and assurances for effectuating any such sale or sale as they or he shall think fit and also do and shall dispose of and convert into money all my said personal estate and effects and thereout In the first place pay and discharge all my just debts funeral and testamentary expenses and upon Trust that they my said Trustees or Trustee do and shall hold the residue of the monies arising from the sale and conversion into money of my said real and personal estate In trust for all my Nephews and Nieces namely the said George William Brown, Thomas Brown, John Wright Brown, Anne Brown, and Elizabeth Brown, the Sons and Daughters of my deceased Brother William Brown, Thomas Brown, George Brown, John Brown, Elizabeth the wife of [blank] (formerly Elizabeth Brown Spinster) and Mary Ann Brown the Sons and Daughters of my late Brother Jarvis Brown, William Shouler John Brown Shouler and Phoebe Elizabeth Shouler the Sons and Daughter of my Sister Sarah the Wife of the said William Shouler and Thomas Black and Elizabeth Goodacre Widow (formerly Elizabeth Black Spinster) the Son and Daughter of my Sister Mary Ann Black, Widow, in equal shares for their sole and separate use absolutely
Provided and I hereby expressly direct that in case any of my said residuary legatees shall depart this life in my lifetime or under the age of twenty one years leaving lawful issue that then and in that case the issue of the legatee or legatees respectively so dying shall take and be entitled to if more than one equally amongst them the share or shares as well original as accruing in the said trust monies and premises which his her or their parent or respective parents would have taken under the trusts aforesaid if he she or they had respectively survived me or lived to attain the age of twenty one years
Provided and I hereby also direct that in case any of my said residuary legatees shall depart this life in my lifetime or under the age of twenty one years without leaving lawful issue That then and in that case the original share or shares of such deceased legatee or legatees as also the share or shares to which the same legatee or legatees may become entitled under this present trust shall go to and be paid to the other or others of the said Legatees and if more than one in equal shares for his her or their own absolute use and benefit
I appoint my said Brother in law William Shouler and my said Nephew George William Brown Executors of this my Will
I devise all estates vested in me as mortgagee or trustee unto and to the use of the said William Shouler (my Brother in law) and the said George William Brown their heirs executors administrators and assigns respectively subject to the equities and trusts affecting the same respectively and so far as I am beneficially interested as mortgagee to be disposed of as part of my personal estate for the purposes of my Will And I declare that my said Brother in law William Shouler shall be entitled to charge for all professional business which may be done by him or his firm in or about the sale and conversion into money of my said real and personal estate in the same manner as he might have done if he had not been appointed a Trustee and Executor of this my Will
And I declare that the Trustees or Trustee Executors or Executor for the time being of this my Will shall be chargeable only with such monies as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for any Banker broker or other person in whose hands any of the trust monies shall be placed nor otherwise for involuntary losses and that they and he may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts
And I hereby direct that the Sections contained in part three of an Act of Parliament entitled “an act to give to Trustees Mortgagees and others certain powers now commonly inserted in Settlements Mortgages and Wills” shall be considered as applicable to this my Will
In Witness whereof I the said Thomas Brown the Testator to this my last Will and Testament contained in this and two preceeding sheets of paper have to each sheet set my hand this fifth day of March One thousand eight hundred and seventy five
The mark of Thomas Brown
Signed published and declared by the said Thomas Brown the Testator 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 Will being previously read over to the said Thomas Brown before its execution and he seemed fully to understand the contents thereof
James Roberts, Surgeon, Melton Mowbray
Robt Nicol, Clerk to Mr EHM Clarke, Solicitor Melton Mowbray
Proved at Leicester on the Third day of January 1877 by the Oaths of William Shouler and George William Brown the Nephew of the Deceased (Son of his late Brother William Brown) the Executors to whom Administration was granted
The Testator Thomas Brown was formerly of Holwell and late of Melton Mowbray both in the County of Leicester Yeoman and died on the second day of September 1876 at Melton Mowbray aforesaid
Under £200
