Samuel Burton of Hose and Long Clawson 1877 Will
Leicestershire, Leicester and Rutland Archives DE462/20
This is the last Will and Testament of me Samuel Burton of Hose Long Clawson in the County of Leicester Farmer
I appoint my Brother Walter Burton of Sherwood in the County of Nottingham Lace Manufacturer and my Brother in Law John Taylor of Loughborough in the said County of Leicester Veterinary Surgeon Executors and Trustees of this my Will and I bequeath to each of them the said Walter Burton and John Taylor the sum of Nineteen pounds and nineteen shillings as some return for the trouble they will be put to in the execution of the trusts hereof
I bequeath to my Wife Susan all my Watches Jewellery ornaments of the person and wearing apparel plate plated goods furniture linen glass china pictures prints musical instruments books and other articles of household use or ornament and all my Wines Liquors and household stores and provisions and also the sum of Twenty pounds to be paid to her within One calendar month after my death and subject as aforesaid
I give devise and bequeath all my real estate whatsoever and wheresoever situate and also all the residue of my personal estate Unto the said Walter Burton and John Taylor their heirs executors administrators and assigns according to the natures thereof respectively Upon trust that the said Walter Burton and John Taylor or the survivor of them or the heirs executors or administrators of such survivor shall sell my real estate either together or in parcels and either by public auction or private Contract and may make any stipulations as to title or evidence or commencement of title or otherwise which they or he shall think fit and may buy in or rescind or vary any Contract for Sale and resell without being answerable for any loss occasioned thereby and may for the purposes aforesaid or any of them execute and do all such assurances and things as they or he shall think fit
And as to my said residuary personal estate Upon trust that they the said Walter Burton and John Taylor or the survivor of them or the executors or administrators of such survivor shall call in sell and convert into money such parts thereof as shall not consist of money And I declare that the said Walter Burton and John Taylor and the survivor of them and the heirs executors and administrators respectively of such survivor shall out of the monies to arise from the sale of the said Real Estate hereinbefore devised In Trust for Sale and from the calling in sale and conversion into money as aforesaid and out of the ready money of which I shall be possessed at my death pay my just debts and funeral and testamentary expenses and the Legacies (other than specific Legacies bequeathed by this my Will) And shall invest the residue of the same monies in their or his names or name or under their or his legal control in any of the Public Stocks or Funds or Government Securities of the United Kingdom or upon Freehold Copyhold or Leasehold securities in England of Wales or in or upon the stocks funds shares debentures Mortgages or securities of any Corporation Company or Public body municipal commercial or otherwise in the United Kingdom (but not in any other mode of investment) and may from time to time vary or transpose such stocks funds shares and securities into or for others of any nature hereby authorized at their or his discretion and shall out of the interest dividends and income of the said residuary monies and of the Stocks funds shares and securities in or upon which the same shall be invested or transposed pay the yearly sum of Eighty pounds free of duty to my said Wife Susan for her life for her separate use free from the debts or control of any future husband by equal quarterly instalments the first of such quarterly payment to be due and to be made at the end of three calendar months after my decease and for such payments the receipt of my said Wife shall notwithstanding coverture and whether Covert or Sole be a sufficient discharge to my said Trustees
And (subject as aforesaid) shall pay such interest dividends and income as aforesaid to my Daughter Emma Lloyd the Wife of William Lloyd of Kirby Bellars near Melton in the said County of Leicester Farmer for her life for her separate use free from the debts control or engagements of any her husband and after her decease Shall (subject nevertheless as aforesaid) stand possessed of the said Monies stocks funds shares and securities and the interest dividends and income thereof
In trust for all the child or children or other issue of my said daughter Emma Lloyd in such shares and in such manner as my said daughter Emma shall notwithstanding her present or any future coverture and whether covert of sole by deed or will appoint and in default of such appointment and so far as no such appointment shall extend In trust for all the child or children of my said daughter Emma living at her decease and to the issue of such of them as shall be then dead such issue nevertheless to take equally between them the share which their respective deceased parent would have taken if living and in case there shall be no such child or children or other issue of my said daughter living at her death then
In trust to pay the income of my said trust premises to my said Wife for her life and subject thereto to stand possessed of my said trust estate and the securities for the same and dividends interest and income thereof In trust for the person or persons who under the Statutes for the distribution of the estates and effects of intestates shall be my next of kin at the time of my death
And I declare that the Trustees or Trustee for the time being of this my Will shall after the death of my said daughter Emma and subject and without prejudice to the said Annuity hereinbefore given to my said Wife apply the whole or such part as they or he shall think fit of the interest dividends and income of the share to which any such child or grandchild of my said Daughter Emma shall for the time being be entitled in expectancy under the trusts hereinbefore declared for or towards his or her maintenance or education and may either themselves or himself so apply the same or may pay the same to the Guardian or Guardians of such child for the purpose aforesaid without seeing to the application thereof and shall accumulate the residue of such income by investing the same in such manner as is hereinbefore directed concerning my said residuary monies and trust estate and such accumulations and the investments thereof shall belong to and devolve with the principal fund from which the same respectively shall have proceeded
Provided always and I hereby declare that it shall be lawful for the said Walter Burton and Jno Taylor and the survivor of them and the heirs executors and administrators respectively of such survivor to defer and postpone the sale conversion and collection of the whole or any part or parts of my said real and personal estate respectively so long as to such Trustee or Trustees shall in their or his uncontrolled discretion seem proper but my real estate shall for the purpose of transmission be impressed with the quality of personalty from the time of my death and I empower the said trustees or trustee during such interval or postponement to manage and to let upon lease or from year to year or to cultivate my real and leasehold estates and to make out of the income or capital of my real and personal estate and outlay which such trustees or trustee may consider proper for improvements repairs insurance or otherwise for the benefit or in respect of my real or personal estate and I declare that the net rents and profits or other income produced from every or any part of my real or personal estate previously to the Sale conversion and collection thereof respectively shall be applied in the same manner in all respects as is hereinbefore directed of and concerning the income of the proceeds of my said real and personal estate and I empower my said Trustees or trustee for the time being if they or he so think fit to carry on my business of a farmer and grazier and for that purpose to use and deal with all my live and dead stock and from time to time to replace sell increase or diminish such Stock as they or he may think fit and for the above purpose may lay out and expend all such monies as they or he may think necessary for the purpose of carrying on such farming and grazing business and I declare that such Trustees or trustee shall have the fullest discretion as to such management and shall not be answerable for any involuntary losses incurred by them or him in and about such carrying o or management
Provided always and I hereby declare that if the said trustees hereby constituted or any of them shall die in my lifetime or if they or any of them or any trustee or trustees appointed as hereinafter provided shall after my death die or be abroad or desire to be discharged or refuse or become incapable to act then and in every such case it shall be lawful for the surviving or continuing Trustees or Trustee for the time being (and for this purpose every refusing or retiring trustee shall if willing to act in the execution of this power be considered a continuing trustee) or for the acting executors or administrators of the last surviving or continuing trustee to appoint a new Trustee or new trustees in the place of the trustee or trustees so dying or being abroad or desiring to be discharged or refusing or becoming incapable to act as aforesaid and upon every such appointment the trust property shall if and so far as the nature of the property or other circumstances shall require or admit be transferred so that the same may be vested in the Trustees or Trustee for the time being and every Trustee so appointed as aforesaid may as well before as after such transfer of the trust property act or assist in the execution of the trusts and powers of this my Will as fully and effectually as if I had hereby constituted him a Trustee and lastly I revoke all former Wills
In Witness whereof I the said Samuel Burton the Testator have to his my last Will and Testament contained in or written upon five sheets of paper set my hand this Twenty first day of December in the year of our Lord one thousand eight hundred and seventy two
Samuel Burton
Signed and acknowledged by the above named Samuel Burton the Testator as and for his last Will and Testament in the presence of us who being both present at the same time have in his presence at his request and in the presence of each other hereunto subscribed our names as Witnesses
H Archer ) Clerks to Messrs Enfield & Dowson
Chas Abbott ) Solicitors Nottingham
Proved at Leicester on the Twenty second day of August 1877 by the Oaths of Walter Burton the Brother and John Taylor the Executors to whom Administration was granted
The Testator Samuel Burton was late of Hose, Long Clawson in the County of Leicester Farmer and died on the Twenty eighth day of June 1877 at Hose aforesaid
Under £7000
Dowson and Wright Solicitors Nottingham
