William Bayley Cant of Wartnaby 1801 Will

National Archives PROB 11/1352/3

This is the Last Will and Testament of me William Bayley Cant of Wartnaby in the County of Leicester Esquire

First I do direct that my Body be Buried at Langley in the County of Derby near to my Father and Mother and I do give devise and bequeath all and every my Messuages Lands Tenements and Hereditaments whatsoever situate standing lying and being at Wartnaby aforesaid and also all that Manor of Hartshorne in the County of Derby and all and every my Messuages Lands Tenements and Hereditaments whatsoever situate standing lying and being at Hartshorne aforesaid and also all and every other my Messuages Lands Tenements Hereditaments and premises and real Estate whatsoever and wheresoever situate with their and every of their Rights Members and Appurtenances and also all my Ready money and Securities for money household Goods and Furniture Stock of Cattle and personal Estate and Effects whatsoever unto Daniel Parker Coke of Derby in the said County of Derby Esquire James Richards of Ashby delazouch in the said County of Leicester Esquire and Edmund Evans of Derby aforesaid Gentleman and the Survivors and Survivor of them and the heirs Executors Administrators and Assigns of such Survivor To hold the said Manor Messuages Lands Tenements hereditaments and premises and Real and Personal Estate unto the said Daniel Parker Coke James Richards and Edmund Evans and the Survivors and Survivor of them and the heirs Executors Administrators and Assigns of such Survivor To for and upon the Several uses Trusts Intents and Purposes hereinafter mentioned expressed and declared of and Concerning the same that is to say

Upon trust that they the said Daniel Parker Coke James Richards and Edmund Evans or the Survivors or Survivor of them or the heirs Executors Admors or Assigns of such Survivor shall and do as soon as Conveniently may be after my decease sell and dispose of all and singular the said Manor Messuages Lands Tenements Hereditaments and premises and Real Estates and of the absolute Fee Simple and Inheritance thereof either together or in parcels as to them or him shall seem meet by public Auction for the best price or prices and most money that can or may be reasonably had or gotten for the same and upon payment of the money arising by Sale of my said Estates to give and Sign Receipts for the money for which the same shall be sold which Receipts shall be Sufficient discharges to any Purchaser or Purchasers for the Purchase Money for which the same shall be so sold or for so much thereof as in such Receipts shall be acknowledged or expressed to be received and such Purchaser or Purchasers his her or their heirs Executors Administrators or Assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such Purchase Money or any part thereof and also to sell and dispose of or otherwise Convert all such parts of my said Personal Estate as shall not consist of money into money and to call in and receive all such Sum or Sums of Money which shall or may be due or Owing to me at the time of my decease and do and shall pay apply and dispose of the money to arise from or be produced by such Sale or Sales as aforesaid when and as soon as the same shall be received and of my Personal Estate in the first place in payment satisfaction and discharge of all and singular my just debts which shall be due and owing by me at the time of my decease and Funeral Expences and of the Costs Charges and Expences of my said Trustees in and about the Execution of the Trusts hereby in them reposed and also in payment satisfaction and discharge of the several Legacies or Sums of two hundred Pounds apiece which I do hereby give and bequeath to the said Daniel Parker Coke James Richards and Edmund Evans as a Gratuity and Recompence for their trouble in the Execution of his my Will

And then as soon as conveniently may be In trust to pay and apply the Surplus of the monies arising from such Sale or Sales as aforesaid and my said Personal Estate to for and upon the several uses Intents and purposes hereinafter mentioned that is to say

In Trust to pay the Sum of Five thousand Pounds to my Cousin Miss Elizabeth Partridge of Leicester spinster her Executors Administrators or Assigns and the like Sum of Five thousand Pounds to my Cousin Miss Sophia Marsh daughter John Marsh late of the Lloyd in the Parish of Penn in the County of Stafford Esquire deceased her Executors Administrators and Assigns

Also to pay the Sum of One hundred Pounds to my Servant John Frisby his Executors Administrators or Assigns and the Like Sum of One hundred Pounds to my Tenant Mr Richard Willder of Hartshorne aforesaid his Executors Administrators or Assigns

And to pay the Sum of One hundred Pounds to the Overseers of the Poor of Hartshorne aforesaid to be paid and distributed amongst such poor persons of Hartshorne aforesaid as the said Overseers shall think proper and also to pay the like Sum of One hundred Pounds to the Overseers of the poor of Wartnaby aforesaid to be paid and distributed amongst such poor Persons of Wartnaby aforesaid as the said Overseers shall think proper

And also that they my said trustees or the Survivors or Survivor of them or the Executors or Admors of such Survivor shall and do put and place out or invest the Sum of Five thousand pounds in the name or names of them the said Daniel Parker Coke James Richards and Edmund Evans or the Survivors or Survivor of them his Executors or Administrators in the Public Stocks or Funds or put and place the same out at Interest on one or more Mortgage or Mortgages of Messuages Lands Tenements or Hereditaments in that part of Great Britain Called England and from time to time to Call in and receive the monies so put or placed out as aforesaid and put and place the same out at Interest upon any other such Security or Securities as they my said Trustees or the Survivors or Survivor of them his Executors or administrators shall think Fit and also that they the said Daniel Parker Coke James Richards and Edmund Evans or the Survivors of Survivor of them or the Executors or Administrators of such Survivor shall and do pay and apply the Interest dividends and produce of the monies so Put and placed out as aforesaid as the same shall from time to time become due and be received for and towards the Maintenance of my Cousin Ann Murcott (wife of John Murcott) of Warwick Court London Gentleman for her life and from and immediately after the decease of the said Ann Murcott shall and do Call in and receive the Monies so directed to be put and placed out as aforesaid and all Interest (if any) which shall be then due thereon and shall and do pay and divide the same unto and equally amongst all and every the Children (if more than one) of the said Ann Murcott living at the time of her decease on their respectively attaining the age of twenty One years and if she shall have but one Child then to such only Child on his or her attaining the Age of twenty One years and if the said Ann Murcott shall at the time of her death have no Children living Or leaving any if all of them shall happen to die before any of them shall attain the Age of twenty One years then In Trust to Call in and receive the said Sum of Five thousand Pounds so directed to be put and placed out as aforesaid and all Interest which shall be due thereon unto and equally between the said Elizabeth Partridge and Sophia Marsh their Executors Administrators or Assigns

And as to all the Rest Residue and remainder of the monies arising or to be produced from or by Sale or otherwise of all and Singular my said Real and personal Estates I give and bequeath and do direct that my said Trustees or the Survivors or Survivor of them or the Executors or Administrators of such Survivor shall pay the same at the Expiration of twelve months after my decease or as soon after as Conveniently may be unto The Honorable Thomas Erskine Esquire Barrister at Law for his Patriotism his Executors Administrators or assigns

Provided and my mind and Will is that the said Daniel Parker Coke James Richards and Edmund Evans and the Survivors and Survivor of them and his heirs Executors Administrators and Assigns shall not be Charged and Chargeable with or accountable for any more monies than they and each of them shall respectively actually receive by Virtue of the trusts hereby in them reposed their giving or Signing or joining in giving or Signing any receipt or Receipts for Conformity sake notwithstanding and that any or either of them shall not be answerable or accountable for the other or others of them or for the acts Receipts Neglects or Defaults of the other or others of them but each of them only for himself and for his own Accts receipts neglects or defaults or for any other Misfortune Loss or Damage which may happen in the execution of the aforesaid Trusts or any of them or in relation thereto except the same shall happen by or through their own wilful defaults and also that they my said Trustees and the Survivors and Survivor of them and the said Executors Administrators and Assigns of such Survivor shall and Lawfully may by with and out of the monies which shall Come to their respective hands by Virtue of the Trusts aforesaid retain to and reimburse himself and themselves respectively and also allow to his Cotrustee or Cotrustees all Loss Costs Charges Damages and Expences which they either or any of them shall or may sustain spend disburse or be put unto or which shall or may be to them either or any of them occasioned for or by Reason or means or on account of the Trusts hereby in them Reposed or in about touching or Concerning the management or Execution thereof respectively or otherwise howsoever relating thereto (the allowance of which Costs shall be regulated by the methods practised between Solicitor and Client and not as between party and party)

And Lastly I do hereby nominate Constitute and appoint the said Daniel Parker Coke James Richards and Edmund Evans Joint Executors of this my last Will and Testament hereby revoking all former and other Will and Wills by me heretofore made and do Publish and declare this to be my Last Will and Testament

In Witness whereof I the said Testator William Bayley Cant have to duplicates of this my Last Will and Testament being written on Four Sheets of Paper to the three first Sheets thereof Set and Subscribed my hand and to this present fourth and Last Sheet set and put my hand and Seal the Seventeenth day of February in the year of our Lord One thousand Seven hundred and Ninety Seven

                                                                                                                WB Cant

Signed Sealed Published and declared by the said Testator William Bayley Cant as and for 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 Subscribed Our Names as Witnesses thereto

John Ellis Grocer Derby

Josh Wilson of Derby Nurseryman

John Green Clerk to Mr Edmd Evans

This Will was proved at London the Second day of January in the year of Our Lord One thousand Eight Hundred and One before the Right Honorable Sir William Wynn Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted by the Oaths of Daniel Parker Coke Esquire and Edmund Evans the Surviving Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattles and Credits of the deceased having been First Sworn by Commission duly to Administer