Carver William 1835 of Scalford Will

William Carver of Scalford 1835 Will

Leicestershire, Leicester and Rutland Archives PR/T/1835/43


This is the last Will and Testament of me William Carver of Scalford in the County of Leicester Farmer which I make as follows

First I Will and Direct that all my just debts Funeral and Testamentary Expences shall be first paid out of my Personal Estate

I give and bequeath unto my Neice Elizabeth Jayes the Sum of Fifty Pounds

I give unto the surviving Children or their respective lawful Issue of my late Nephew William Goodacre late of Walton in the said County of Leicester deceased the Sum of One Hundred Pounds to be equally divided amongst them

I give unto my Neice Elizabeth the Wife of Robert Clarke of Willoughby in the County of Nottingham the Sum of Twenty Pounds

I give unto my Nephew John Carver the Sum of Ten Pounds and I give unto my Cousin Joseph Shepherd Junior of Wimeswould in the said County of Leicester the Sum of Five Pounds

I give and devise all those my two several Closes pieces or parcels of Land or Ground and Hereditaments situate and being within the Liberty of Scalford aforesaid, One of which adjoins the Poor’s Piece the other the Parsonage and containing in the Whole by estimation Eleven Acres or thereabouts be the same more of less, and also One Moiety or half part of the Whole of a Messuage or Tenement Garden Hereditaments and Premises belonging thereto situate at Scalford aforesaid as the whole is now in the Occupation of my Brother in law William Pick or his Undertenants, and my Moiety of the Goods Chattels Farming Stock and Utensils Household Goods and Furniture and Personal Estate and Effects whatsoever and wheresoever (the other Moiety or half part of the said Personal Estate and Effects as well as of the aforesaid Messuage and Premises doth now belong to and are the property of my Sister Ann Carver) Unto my said Nephew John Carver and my Cousin Joseph Shepherd their Executors Administrators and Assigns Upon Trust as follows

And first I Will and direct that they my said Trustees or the Survivor of them shall as soon as conveniently may be after my decease sell and dispose of the whole of my said Moiety of the Personal Estate and Effects by public Auction or otherwise and after having paid thereout all my just debts funeral and testamentary Expences as aforesaid Upon Trust to put out or place the Residue of the Money arising from such Sale or Sales at Interest upon the best Security they possibly can and I further direct them upon Trust at the same time to let and set the said Lands, Moiety of the Messuage Hereditaments and Premises and to take and receive the Rents Issues and profits arising therefrom together with the Interest of the aforesaid Money so placed out and pay and apply the whole of the said Rents and Interest Monies as to and for the support and Maintainance of her my said Sister Ann Carver during the term of her natural Life the whole of which said Rents and Interest I hereby direct them to pay or cause to be paid to her for her own absolute use by two equal half yearly payments in each and every Year during the said term of her natural Life the first payment to be made at the end of six Calendar Months next after my decease or as soon as possible after that time

And I further direct them my said Trustees and the Survivor of them their Executors Administrators and assigns Upon Trust that they shall and do at the time of the decease of her my said Sister Ann Carver or as soon as they conveniently can sell and dispose of the Whole of the Two said Closes Lands or Grounds and also the said Moiety of the Messuage and Garden Hereditaments and Premises so devised to them either by public auction or private Contract and either in one Lot or more as then agreed upon, for as much Money as they possibly can, and also shall and do make execute and perfect all necessary deeds Writings Conveyances and assurances of such Closes Lands and Hereditaments to the Purchaser or respective Purchasers thereof And I hereby declare and direct that the Receipt or Receipts of my said Trustees or of the Survivor of them his Executors Administrators or assigns shall be a good valid and effectual Receipt or Receipts Acquittance or acquittances to the Purchaser or respective Purchasers of all or any part of the said Closes Land and Hereditaments for all or any part of the Money by him her or them paid for the same, without such purchasers being answerable or accountable for any misapplication or nonapplication of all or any part thereof

And I direct and declare that my said Trustees or any of them as aforesaid shall stand possessed of the Monies to arise by such sale or sales as aforesaid and also of the Rents and Profits of the aforesaid Closes Lands and Hereditaments until they shall be conveyed to the Purchasers or Purchaser thereof Upon Trust in the first place to retain reimburse & pay themselves and each himself and the other all Costs Charges and Expences in any wise occasioned by or relating to such Sale or Sales and also shall pay thereout all the just debts and Funeral Expences of my said Sister Ann Carver and also the aforesaid Legacies or Sums hereinbefore given and bequeathed to Elizabeth Jayes to the Children of the late William Goodacre to Elizabeth Clarke and to themselves amounting in the Whole to the Sum of One Hundred and Eighty five Pounds and which I direct to be paid within twelve Calendar Months after the decease of her my said Sister Ann Carver

And whatever may or shall then remain (of the said Purchase Monies arising from such Sales of my said Real and Personal Estates,) undisposed of after full payment as aforesaid Upon Trust to pay or assign the whole of such Residue unto and to the four Children of my Sister Amy Stephenson or their respective lawful Issue dividing it amongst them or their respective lawful Issue in four equal Shares, and if any one or more than one of them shall happen to die in the lifetime of her my said Sister not leaving such Issue then Upon Trust to divide the whole amongst the Survivors in equal Shares

And I further direct that my said Trustees or any of them as aforesaid shall be charged and chargeable only for and with his own respective Receipts Payments Acts and wilful defaults and not otherwise Nor for any Sum or Sums of Money other than such as shall actually come to his or their respective Hands by virtue of this my Will nor for any loss or damage which may happen in or about the Execution of such Trustship without his or their respective wilful default

In Witness whereof I the said Testator William Carver have to this my last Will and Testament set my Hand and Seal this Eleventh day of February in the Year of Our Lord One Thousand Eight Hundred and Thirty Four (the Erasures in the first and second Pages having been first made.)

                                                                                                                William Carver

Signed sealed published and declared by the within named Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereto subscribed our Names as Witnesses attending the due execution hereof

Proviso before signing.  If my said Sister Ann Carver shall happen to die in my lifetime then I hereby direct my said Trustees to sell the Whole of my said Real and Personal Estates at the time of my decease, and after full payment as above stated I direct them to divide the Residue equally amongst the four Children of my said Sister Amy Stephenson or lawful Issue or survivors of them as aforesaid And I hereby constitute and appoint the said John Carver and Joseph Shepherd Executors of this my last Will and Testament


Charles Mitchil

John Brown

John Shepherd

Loughborough 4th June 1835

Let a Probate be made to John Carver of Hoton in the County of Leicester Farmer and Grazier and Joseph Sheppard in the will spelt Shepherd the joint Executors named in the will of the deceased who died on or about the 30th day of October last

They having been duly sworn as well to the faithful Execution of the Will as that the testator’s Goods Chattels and Credits without deducting any debts owing by the deceased therefrom do not amount in value to the Sum of three hundred Pounds

                                                                                                                Before me Tho: Stevenson Surrogate to the Archdeacon

In the Court of the Archdeacon of the Archdeaconry of Leicester

Appeared personally John Shepperd of Widmerpool in the County of Nottingham Farmer and made oath that he is one of the Subscribed Witnesses to the last Will and testament of William Carver late of Scalford in the County and Archdeaconry of Leicester Farmer deceased now hereunto annexed and marked with the letter (A) bearing date the eleventh day of February which was in the year of our Lord One thousand eight hundred and thirty four and that the Obliteration appearing on the first page or side of the Will and the words “and funeral” written on an Erazure on the third side or page of the said Will were respectively made and done prior to the Execution of the said Will on the day month and year it bears date and that the said Will is now in the same State Plight and Condition as when executed by the said deceased

                                                                                                                John Shepherd