William Brown of Holwell 1872 Will
Leicestershire, Leicester and Rutland Archives DE 462/15 page 585
This is the last Will and Testament of William Brown of Holwell in the County of Leicester Grazier
First I direct all my just debts funeral and testamentary expences to be fully paid
I Give devise and bequeath the whole of my real and personal Estate and Effects of whatsoever nature or kind the same may consist of and wheresoever situate and whether in possession reversion remainder or expectancy unto my Brother Thomas Brown of Holwell aforesaid and my brother in law William Shouler of Melton Mowbray their heirs executors administrators and assigns upon and for the Trusts and purposes hereinafter expressed that is to say Upon Trust that they the said Thomas Brown and William Shouler or the survivor of them or the heirs executors administrators and assigns of such survivor (hereinafter called the Trustees or Trustee) do and shall pay and apply the interest and annual income arising from my real and personal Estate unto and for the benefit of my Wife Dinah Brown for the support of herself and bringing up of my Children during their respective minorities provided she continues my Widow But in case my said Wife should marry again then and in that case I direct my said Trustees or Trustee to apply such Interest and annual income to and for the benefit of my said Children in such manner and proportions as they may consider best during their respective minorities
I give and bequeath unto my two daughters Elizabeth and Ann the Legacy or sum of Three hundred Pounds apiece which I direct shall be paid to them when and as they respectively attain to their respective ages of twenty one years and I expressly subject and charge my Real Estate hereinafter devised to my Son Thomas with the true payment thereof
I Give and devise all those two Closes or Grounds enclosed called the “Lownings” containing fifteen Acres or thereabouts situate in the Lordship of Holwell aforesaid unto my Son George William Brown his heirs and assigns for ever immediately upon his attaining his age of twenty one years
I Give and Devise All that Close of Pasture land now divided into two Closes situate in the Lordship of Eye Kettleby in the Parish of Melton Mowbray unto my Son John Wright Brown his heirs and assigns for ever immediately upon his attaining his age of twenty one years
Also I Give and bequeath unto my said Son John Wright Brown the Legacy of One hundred Pounds absolutely to be paid to him immediately upon my Son Thomas attaining his age of twenty one years and I subject and charge my real Estate hereinafter devised to my said Son Thomas with the true payment thereof
I Give and Devise All that my Messuage or Tenement yard Garden and appurtenances situate in Holwell aforesaid in my own occupation and also all those five Closes adjoining containing Eleven Acres or thereabouts and called by the respective names of the “Home Close” “The Over Shoots” “The Nether Shoots” “The Dunkirks” and “The Spinney Close” and all other my real and also all my personal Estate and Effects whatsoever and wheresoever (subject nevertheless to and charged and chargeable with the payment of the aforesaid three Legacies to my two daughters and Son) unto and for the benefit of my Son Thomas Brown and my Wife Dinah Brown from and immediately after my said Son Thomas shall have attained his said age of twenty one years for the benefit of himself and the maintenance and support of my said Wife during her life or widowhood and from and immediately after her death or marriage which shall first happen then I give and devise such last mentioned real and personal Estate unto my said Son Thomas his heirs executors administrators and assigns absolutely Provided and I do hereby expressly direct that it shall be lawful for my said Trustees or Trustee for the time being of this my Will to pay any or either of the aforesaid Legacies to the said Legatees when and as they respectively become due and payable or any part thereof out of my personal Estate in exoneration of the real Estate on which the same are made chargeable if my said Trustees or Trustee shall consider it best so to do but in case my personal Estate shall be insufficient or my said Trustees or Trustee shall consider it more advisable to raise and charge the said Legacies or any of them or any part or parts thereof out of and upon the said Real Estate I do hereby expressly authorize and empower my said Trustees or Trustee for the time being of this my Will to levy and raise the said Legacies or any or either of them or any part or parts thereof by way of Mortgage on the hereditaments and premises hereinbefore devised to my said Son Thomas Brown or a competent part thereof and to pay the same over to the said Legatees respectively in exoneration and discharge of the said Legacies so as aforesaid given to them
And I hereby declare it shall be lawful for my said Trustees or Trustee for the time being to sign and Give any receipt or receipts in writing for such sum or sums of money which shall be advanced to them or him upon any Mortgage or Mortgages as aforesaid or which shall be otherwise payable to them or him under the Trusts of this my Will And that the person or persons paying the same shall not be bound to see to the application or accountable for the misapplication thereof And that no person advancing money on such Mortgage or Mortgages shall be under any obligation in ascertaining that the same is wanted for the purposes hereinbefore expressed
And I do hereby appoint the said Thomas Brown and William Shouler Executors and Trustees of this my Will
I devise and bequeath All the Estates vested in my by way of Mortgage with the appurtenances unto the said Thomas Brown and William Shouler their heirs Executors and Administrators according to the nature of the same premises subject to the equity of redemption subsisting therein respectively but the money accrued on such Mortgage to be considered as part of my personal Estate
And I hereby declare that if the said Trustees hereby appointed or either of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said Trustees or Trustee (and for this purpose any retiring trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act And upon every such appointment the said Trust premises shall be so transferred that the same may become vested in the new trustee or trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require And every such new Trustee shall (both before and after the said Trust premises shall have become so vested) have the same powers authorities and discretions as if he had been hereby originally appointed a Trustee
In Witness whereof I the said William Brown have to this my last Will contained on this and two preceeding sheets of paper set my hand this twenty fourth day of July One thousand eight hundred and sixty
William Brown
Signed and acknowledged by the said William Brown as his Will in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
EHM Clark Melton Mowbray
J Miles Melton Mowbray
Proved at Leicester the Ninth day of August 1872 by the Oaths of Thomas Brown Brother of the deceased and William Shouler the Executors to who Administration was granted
The Testator William Brown was late of Holwell in the County of Leicester Grazier and died on the twenty fifth day of June 1872 at Holwell aforesaid
Under £800