Caunt Edward 1838 of Croxton Kerrial then Chadwell Will

Edward Caunt of Croxton Kerrial then Chadwell 1838 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1838

This is the last Will and Testament of me Edward Caunt late of Croxton Kerrial but now of Chadwell in the County of Leicester Grazier

I Will and direct that my just debts funeral and testamentary expences be in the first place paid and discharged by my Executors hereinafter named out of my personal Estate

I give to my late Servant Richard Ward the Sum of Twenty Pounds to and for his own use

I Give to my sister Arabella the wife of Charles Gores the sum of One hundred pounds sterling to be paid to her within twelve calendar months after my decease

I Devise All my lands tenements and real estate wheresoever situate unto Gregory Marriott of Scalford in the said County Grazier and John Glenn of Eaton in the said County Grazier their heirs and assigns during the life of my wife Jane Caunt In trust to pay to her the rents and profits thereof for her separate use during her life but so as she may not anticipate the same and after her decease then Upon further trust during the life of my said sister Arabella Gores to pay to her the rents and profits thereof for her separate use during her life but so as she may not anticipate the same and after her decease I Devise the same real estate unto and equally between and amongst all and every the Child and Children of my sister Arabella Gores their several and respective heirs and assigns for ever to be held by them respectively as tenants in common and not as joint tenants

I Give to the said Gregory Marriott and John Glenn their Executors and Administrators all and singular my personal estate and effects whatsoever and wheresoever Upon trust by sale or otherwise to convert into money such part thereof as shall not consist of money or securities for money and the same when so converted together with such part thereof as shall consist of money or securities for money to invest in Government or real securities at interest with power to alter the securities as they shall think fit

And I direct that the said Gregory Marriott and John Glenn their Executors Administrators and assigns shall stand possessed of the money to arise from my said personal estate in Trust to pay the interest thereof to my said wife for her separate use for her life so as she may not anticipate the same and  after her decease In trust to pay the interest thereof to my said sister Arabella Gores for her separate use for her life so as she may not anticipate the same and after her decease In Trust to devise the Principal thereof unto and equally between and amongst all and every the child & children of my said sister Arabella Gores their executors administrators and assigns to be vested interests in them at the age of twenty one or death under that age leaving issue living at their deaths

And in case either or any of such Children shall die under the age of twenty one years without leaving issue living at his or her death Than as to the original and accruing shares of the child so dying In trust to divide the said money to arise by sale or otherwise of my personal estate between the other or others of the same Children in like manner as hereinbefore directed of their original shares and if there shall be but one child of my said sister Arabella Gores then In trust to pay the same unto such only child his or her Executors Administrators and Assigns but if there shall be no such child of my said sister Arabella Gores or being such they shall all depart this life under the age of twenty one years without leaving issue living at his or their deaths Then In trust to pay the same unto my personal Representatives or Representative their or his executors administrators and assigns

Provided always and I hereby declare that it shall be lawful for the said Gregory Marriott and John Glenn and the survivor of them his heirs and their & his assigns after the decease of my said sister Arabella Gores and during the minority of any or either of her child or children to apply the interest of the presumptive share of the same child or children in the money to arise by sale or otherwise of my personal estate and effects towards the maintenance education and bringing up of the said child or children and that all surplus interest which shall not be applied for that purpose shall be invested in the funds and be allowed to accumulate for the benefit of the child or children from whose portion the same shall be saved And also to advance any sum or sums of money they may think reasonable and proper out of the share or shares of any or either of such child or children in or towards his or her advancement in the world in such manner as they the said Gregory Marriott and John Glenn or the survivor of them or their or his assigns shall think fit

And I devise all Mortgaged and trust estates which may be now vested in me unto the sd Gregory Marriott and John Glenn their heirs executors administrators and assigns subject to and upon the equities and trusts affecting the same Provided always and it is hereby further declared that the receipt of the said Gregory Marriott and John Glenn and the survivor of them his heirs and their and his assigns shall be a good discharge for all monies which in such receipt shall be expressed to be received and that all persons paying any monies to the said Gregory Marriott and John Glenn or the survivor of them or their or his assigns for the purposes of this my Will and taking a receipt from him or them accordingly shall not be obliged to see to the further application of the same monies nor be answerable for the misapplication thereof

And I appoint my wife Jane Caunt and the said Gregory Marriott and John Glenn Executrix and Executors of this my Will

And I hereby revoke all former Wills by me made

In Witness whereof I the said testator Edward Caunt have to this my last Will and Testament contained in three sheets of paper set my hand and seal (that is to say) my hand to the two first sheets thereof and to this third and last sheet my hand and seal this fifth day of November in the year of our Lord one thousand eight hundred and thirty two

                                                                                                                Edward Caunt

Signed sealed published and declared by the above testator Edward Caunt 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 hereunto subscribed our names as witnesses to the due execution thereof

W Rathers Solr Grantham

Ann Greenwood

The Mark of John Burton Servant to the said William Rathers

Whereas I Edward Caunt of Chadwell in the County of Leicester Grazier have made my last Will and testament in writing bearing date the fifth day of November One thousand eight hundred and thirty two Now I declare this writing to be a Codicil thereto and to be taken as part thereof

I Give unto my late Servant Richard Ward the Sum of ten pounds instead of twenty pounds bequeathed by my said Will

Also instead of the legacy of One hundred pounds Given thereinto my Sister Arabella Gore I Give unto my said Sister Arabella Gore and her assigns for her life the Annual Sum of ten pounds of lawful English money free and clear of all taxes The said Annuity or Annual Sum I direct to be paid to her half yearly that is the tenth day of October and the fifth day of April in every year the first payment thereof to be made on either of the said days as shall first happen after my decease And I charge all my personal estate with the true payment thereof

I Give unto my dear Wife Jane Caunt all my furniture and effects in my now dwelling house for her use and benefit

I Give and Devise All that Messuage or Tenement Close and Hereditaments situate in Chadwell in the County of Leicester with the Appurtenances and which I purchased of Mr John Morris unto my dear wife Jane Caunt and her Assigns for her life and after her death I Give and devise the same unto my sister Arabella Gore and her assigns for her life And after her decease I Give and Devise the said Messuage or Tenement Close and hereditaments unto my Nephew Charles Gore his heirs and assigns for ever

And Whereas I have appointed my friends Gregory Marriott and John Glenn Devisees in trust and Executors of my said Will Now I do by this my Codicil Give Devise and bequeath All my Real Estate and personal Estate and effects whatsoever and wheresoever (except the Real and personal estate given and disposed of by this Codicil) unto my friend Thomas Marshall of Chadwell aforesaid Grazier and the said John Glenn their Heirs executors administrators and assigns upon the same trusts and to and for the same intents and purposes as are limited expressed and declared in and by my said Will and for no other use or purpose whatsoever

And I confirm my said Will in every other particular thereof

In Witness whereof I have hereunto set my hand and seal this 28th day of October 1837

                                                                                                                The mark and Seal of Edward Caunt

Signed sealed published and declared by the said Edward Caunt as and for a Codicil to his last Will and testament in the presence of us who in his presence and at his request and in the presence of each other set our hands as Witnesses

Sarah Dexter

John Wright

Thos: Clarke

5th May 1838 Let a Probate be made to Jane Caunt of Chadwell in the County of Leicester Widow and John Glenn of Eaton in the said County Grazier the Executrix and one of the Executors named in the Will and Codicil of the deceased With Power of making the like Grant to Gregory Marriott of Scalford in the said County Grazier the other Executor when he shall apply for the same

They the said Jane Caunt and John Glenn having been duly sworn as well to the faithful execution of the Will and Codicil as that the Testators Goods Chattels and Credits without deducting any debts owing by the deceased therefrom do not amount in value to the Sum of six hundred pounds and that the Testator died on the 31st day of Octr last