Carver Ann 1840 of Scalford Will

Ann Carver of Scalford 1840 Will

Leicestershire, Leicester and Rutland Archives PR/T/1840

This is the last Will and Testament of me Ann Carver of Scalford in the County of Leicester Spinster

First I direct all my just debts funeral and testamentary charges and expences to be paid by my Executor hereinafter named as soon as conveniently may be after my decease and I give devise and bequeath All and every Messuages Cottages or Tenements Farms Closes pieces or parcels of Land or Ground inclosed and parts and shares of Messuages Cottages or Tenements Closes pieces or parcels of Land Hereditaments and Premises situate lying and being in the liberty of Scalford aforesaid And all other my Real Estate whatsoever and wheresoever And also all and singular my Household Goods and Furniture Plate Linen China Books Debts Monies Securities for money Carts Carriages Farming Stock (Live and dead) Implements and Utensils in Husbandry Goods Cattle Chattels And all other my personal Estate and Effects of what nature or kind soever with the rights members and appurtenances to my said Real and personal Estates belonging unto and To the use of my Cousin Joseph Sheppard of Wimeswould in the said County of Leicester Farmer his Heirs Executors Administrators and assigns Upon the Trusts and for the several ends intents and purposes following (that is to say)

Upon Trust that he the said Joseph Sheppard his Executors or Administrators do and shall at such time or times after my decease and in such manner as he or they shall think most advantageous sell and convert into money to the most advantage such part of my said personal Estate as shall not consist of money or debts owing to me and collect and get in such Debts and do and shall stand possessed of and pay and apply the clear money to arise from the personal Estate so devised Upon Trust as aforesaid Upon the Trusts and in the manner hereinafter declared and directed

And upon further Trust that he the said Joseph Sheppard or his Heirs do and shall at such time or times after my decease as to him or them shall seem most advisable sell and dispose of all and singular my said Messuages Cottages Farms Lands Tenements and Premises and Real Estate devised to him and them as aforesaid either together or in parcels and at one or several times and either by public Auction or private contract as shall appear most advantageous and under and subject to such Conditions of Sale as he or they shall think proper to any person or persons whomsoever at and for the best price or prices he or they can reasonably get and shall approve of accepting for the same with full power to buy in the same or any part thereof at any Sale or Sales and to cancel or abandon any Contract or Contracts which shall have been entered into for the Sale thereof or any part thereof and afterwards by either of the modes aforesaid to resell the same or such part thereof as shall be so brought in as aforesaid or for the sale whereof any such Contract shall have been cancelled or abandoned as aforesaid without being liable for any loss or diminution in price which may be occasioned thereby and do and shall make and execute such Deeds Conveyances and assurances as may be necessary or he or they shall think proper for affecting or in consequence of such Sale or Sales And I do hereby will and declare that the receipt or receipts in Writing of the said Joseph Sheppard his Heirs Executors or Administrators for any Sum or Sums of money payable to him or them under or by virtue of this my Will or in or about the execution of any of the Trusts or powers hereinbefore or hereinafter contained shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same or for so much thereof respectively as in such receipt or receipts shall be expressed or acknowledged to be received and that the person or persons to whom the same shall be given his her or their Heirs Executors Administrators or Assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication or be in any wise obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received

And as concerning the clear money arising and to be produced from such Sale or Sales of my said Messuages Cottages Farms Lands Tenements Hereditaments and Real Estate devised in Trust to be sold as aforesaid And as concerning the clear money arising and to be produced as aforesaid from my said personal Estate and Effects I declare and direct that the same shall be paid to and vest in the said Joseph Sheppard his Executors and Administrators and that he and they respectively shall stand and be possessed thereof as one General Fund and apply and dispose of the same upon the Trust and to and for the intents and purposes hereinafter mentioned and declared (that is to say)

Upon Trust that he my said Trustee or Trustees do and shall in the first place pay thereout all my just debts funeral and testamentary charges and expences the expences and proving this my Will and the Legacy hereinafter by me bequeathed (that is to say)

To my Niece Elizabeth Holworthy the Sum of Fifty Pounds and I direct the same to be paid to her at the end of Twelve Calendar months next after my decease without any Interest for the same in the meantime

And upon further Trust that he my said Trustee or Trustees do and shall pay the residue and remainder of the said General Fund unto between and among my Nephews and Niece namely Elizabeth Gill, William Stevenson, Samuel Stevenson and John Stevenson, the four Children of my Sister Amy Stevenson in equal shares and proportions as Tenants in Common        

And in case any of the said Children of my said Sister Amy Stevenson shall happen to die before their his or her shares or share of and in any of the said Trust Estates Monies and Effects devised by this my Will shall become payable and without leaving issue of his her or their body or bodies lawfully begotten then I give and bequeath the share or shares of him her or them so dying unto between and amongst the Survivors and Survivor of them my said Nephews and Niece Children of my said Sister Amy Stevenson in equal shares and proportions if more than one to take as Tenants in Common

But in case any or either of my said Nephews and Niece Children of my said Sister Amy shall happen to die before their his or her shares or share shall become payable leaving issue of his her or their body or bodies lawfully begotten then I give and bequeath the Share or Shares of such deceased child or children unto such his her or their issue equally to be divided between or amongst them if more than one to take as Tenants in Common the Interest Dividends and annual produce thereof in the meantime to be paid and applied for and towards their respective maintenance education and support

Provided always and I hereby declare and direct that in the meantime and until the sale and conversion of my said Messuages Cottages Tenements Farms Lands Hereditaments and real and personal Estates devised in Trust to be sold as aforesaid the rents issues interest and annual proceeds of the same respectively or of such part or parts thereof respectively as shall from time to time remain unsold and undisposed of shall belong to and be held In Trust for the person or persons respectively who under the Trusts hereinbefore contained would for the time being be entitled to the Interest Dividends and annual produce of the money arising by sale thereof in case such Sale were actually made and in such and the same proportions and manner as he she or they respectively would be entitled to the same Dividends Interest and Annual produce and shall be applied and disposed of accordingly

And I hereby declare that the said Joseph Sheppard his Heirs Executors or Administrators shall not be accountable for more of the said Trust Estates Monies and premises than shall come to their respective hands and by no means for any involuntary loss and that he and they shall be allowed and may retain to and reimburse himself and themselves out of the said Trust Estates Monies and Effects all his and their Costs Charges damages and expences occasioned by the due execution of the Trusts hereby in him or them reposed

And lastly I appoint my said Trustee the said Joseph Sheppard sole Executor of this which I declare to be my last Will and Testament and I do hereby revoke all former Wills by me made

In Witness whereof I the said Ann Carver (the Testatrix) have to this my last Will and Testament written on four Sheets of Paper set my hand and seal namely to every of the first three Sheets thereof my hand and to this fourth and last Sheet thereof my hand and seal the sixteenth day of November in the year of our Lord One thousand eight hundred and thirty six

                                                                                                                Ann Carver her mark and Seal

Signed sealed published and declared by the said Ann Carver (the Testatrix) as and for her last Will and Testament in the presence of us, who in her presence, at her request, and in the presence of each other, have hereunto subscribed our Names as Witnesses

John Brown Schoolmaster, Scalford

Edward Wright, Miller, Scalford

JH Amatt, Clerk to Messrs Craddock Solicitors Loughborough

31st July 1840

Let a Probate be made to Joseph Sheppard of Wymeswould in the County of Leicester Farmer the sole Executor named in the will of the deceased

He having been duly sworn as well to the faithful Execution of the Will as that the testatrix’s Goods and Chattels and Credits without deducting any debts owing by the deceased therefrom do not amount in value to the Sum of twenty Pounds and that the deceased died on the thirtieth day of June 1839

                                                                                                                Tho: Stevenson Surr: to the Archdeacon