William Chamberlain 1803 of Long Clawson Will
National Archives PROB 11/1392/44
In the Name of God Amen I William Chamberlain of Claxton otherwise Long Clawson in the County of Leicester Clerk do make this my last Will and Testament this thirty first day of December in the year of our Lord one thousand eight hundred
I give and bequeath all and singular my Household Goods and Furniture Beds Bedding Linen Plates &c to my dear and well beloved Wife Hannah
I give and devise unto my two Friends Mr William Marriott and Mr Berry Rushland both of Claxton otherwise Long Clawson aforesaid Gentleman all and every my Closes Lands and Hereditaments situate lying and being in Claxton otherwise Long Clawson aforesaid To have and to hold the same unto the said William Marriott and Berry Rushland their Heirs and Assigns upon special Trust and Confidence in them reposed and for the Intents and Purposes herein after named and declared
And as to for and concerning my two Shares in the Grantham Canal Navigation and all and every my Stock Cattle Chattels ready Money and Securities for Money and all other my personal Property whatsoever and wheresoever and of what Nature of kind soever I give and bequeath the same and every part thereof (excepting Household Goods and Furniture Beds &c) unto my said two Friends Mr William Marriott and Berry Rushland their Executors and Administrators upon Trust that they the said William Marriott and Berry Rushland and the Survivor of them or the Executors or Administrators of such Survivor shall and will immediately after my decease sell and dispose of my two Shares aforesaid in the Grantham Canal Navigation (if Need so require) to any Purchaser or Purchasers for the best Price or Prices that can or may be had or gotten for the same And I do hereby expressly declare that their or his Receipt or Receipts shall be good and sufficient discharge or discharges to such Purchaser or Purchasers for such Purchase Monies and also sell and dispose of all the Residue of my said Personal Property (excepting that Part of it before disposed of) and by and out of the Monies arising by and from such Sale or Sales that they the said William Marriott and Berry Rushland or the Survivor of them his Heirs or Assigns shall and do in the first place pay and satisfy all such debts as I shall owe at the time of my decease on Mortgages Bonds Notes or otherwise howsoever and also my Funeral Charges and Expences and after Payment thereof and the Costs and Charges of my said Trustees in the Execution of the said Trust then as for and concerning the Residue of the said Trust Monies if any shall then remain in the hands of my said Trustees after such Payments are made as aforesaid
Upon Trust that they the said William Marriott and Berry Rushland or the Survivor of them his Executors or Administrators do and shall place the same out at Interest on good Security in their or his Name or Names or in the Name of any other Person as they or he shall think fit to employ and improve the same for the Intents and Purposes hereinafter declared and directed
But provided there shall be Monies sufficient to pay and satisfy all such debts aforesaid as I shall owe at the Time of my decease on Mortgages Bonds Notes or otherwise howsoever and also my Funeral Charges and Expences and the Costs and Charges of my said Trustees in the Execution of the said Trust by Money in hand or owing to me on Securities and arising from the Sale of my said Stock Cattle Chattels &c then my Will is that my said two Shares in the Grantham Canal Navigation shall not be sold but remain in their present State and that my said Trustees or the Survivor of them his Executors or Administrators shall receive the Interest or clear annual Proceed thereof and pay and apply the same as herein after by this my Will directed and set forth
And my Will further is that my said Trustees or the Survivor of them his Executors or Administrators do and shall as soon as conveniently may be after my decease let from year to year as occasion my require all my aforesaid Closes Lands and Hereditaments to such Tenant or Tenants as they shall deem good and sufficient and fully responsible for the Payment of the Rent or Rents and at such a yearly value or Price as may be had for the same or which they shall think to be fully equal to the worth thereof And shall at all Times inspect and oversee the said Premises and Hereditaments and take Care that no Waste or damage by the said Tenant or Tenants be made or committed thereupon but that he or they occupy the said Premises &c in a Husbandlike Manner
And my Will further is that my said Trustees or the Survivor of them his Executors or Administrators do and shall receive the Rent or Rents of the aforesaid Premises and Hereditaments yearly and every year by two equal half yearly Payments and that their or his Receipt or Receipts shall be good and sufficient discharges to any Tenant or Tenants who shall occupy the said Premises And the clear yearly Rent or Rents of the aforesaid Premises together with the yearly Interest arising from the Monies out at Use on Account of this Trust and from the annual Proceeds or Profits arising from my two Shares in the Grantham Canal Navigation aforesaid shall my said Trustees or the Survivor of them his Executors or Administrators pay and dispose of in the following Manner viz
Two Pounds ten Shillings shall be paid by them yearly and every year into the Hands of the Vicar and Churchwardens of the Parish of Claxton otherwise Long Clawson aforesaid for the Time being one half thereof to be by them disposed of at their own discretion amongst such of the labouring Poor of the said Parish as are not burthensome to it and the other remaining half thereof to be by the said Vicar or Curate or Churchwardens disposed of in providing the Poor of the said Parish with such religious and godly Books as the said Vicar or Curate shall think most proper the first payment to be made at the Expiration of one year after my decease and the disposing of it shall be as soon as possible after the same is by my said Trustees paid into the hands of the said Vicar or Curate and Churchwardens
Twenty Shillings to be paid by my said Trustees yearly and every year into the hands of the Vicar or Curate and Churchwardens of Wimeswould in the County of Leicester for the Time being for the said Purpose of providing the Poor of the said Parish with such religious and godly Books as shall by the said Vicar or Curate be thought most proper the first Payment to commence at the Expiration of one entire year after my decease and the disposal of the said Sum to the said Purpose shall be as soon as possible after the same is by the said Vicar or Curate and Churchwardens received
The Residue of the Monies arising from the Rent or Rents of my said Closes Lands and Hereditaments and from my said two Shares in the Grantham Canal Navigation with the yearly Interest of Monies out at use my said Trustees or the Survivor of them his Executors or Admors shall as it becomes due or as soon as conveniently may be after they shall have received the same pay it unto my dear and well beloved Wife Hannah aforesaid yearly and from year to year for her own use and Benefit for and during the Term of her natural Life or so long as she shall remain and continue my Widow And in case there be no Child or Children by me begotten on her Body but provided there be such Child or Children then such Child or Children shall be provided with good and sufficient Meat Drink Cloathing Education &c out of the aforesaid Rent or Rents and clear yearly Income and Profits in such Proportion as my said Trustees or the Survivor of them his Executors or Administrators shall think fit and convenient
And after the decease of my said well beloved Wife Hannah or as soon as conveniently may be after she ceased to be my widow shall my said Trustees or the Survivor of them his Executors or Administrators pay into the Hands of the Vicar or Curate and Churchwardens of Claxton otherwise Long Clawson aforesaid for the Time being fifty pounds in lieu instead of the aforesaid yearly Sum of two Pounds ten Shillings which said yearly Sum shall cease to be paid upon the Payment of the said fifty Pounds and not before and the said Sum of fifty Pounds shall as soon as conveniently may be after it is paid into the hands of the said Vicar or Curate and Churchwardens be by them put out on good Security and the yearly Interest or Income arising therefrom shall be by the said Vicar or Curate and Churchwardens for the Time being applied as before directed one half of the said yearly Interest or Income to the industrious Poor of the said Parish who receive no collection from it and the remaining half thereof in providing and distributing such religious Books amongst the Poor of the said Parish as the Vicar or Curate of the said Parish for the Time being shall judge most proper
And also at the same Time that my said Trustees or the Survivor of them his Executors or Administrators shall and do pay into the hands of the Vicar or Curate and Churchwardens of the Parish of Wimeswould in the County of Leicester aforesaid the Sum of twenty Pounds in lieu or in stead of the aforesaid yearly Sum of twenty Shillings which said yearly Sum of twenty Shillings shall cease to be paid to the said Vicar or Curate and Churchwardens of the said Parish of Wimeswould for the Time being or as soon as the said Sum of twenty Pounds paid into their hands And the said Vicar or Curate and Churchwardens of the said Parish of Wimeswould for the Time being shall as soon as conveniently may be after they shall have received the said Sum of twenty Pounds put the same out on good Security and the yearly Interest or Income arising therefrom shall by the said Vicar or Curate and Churchwardens for the Time being be applied yearly and every year as it becomes due or is received as before directed in distributing such religious Books amongst the Poor of the said Parish as the Vicar or Curate of the said Parish shall judge most proper and necessary
And if there be not Monies in the Hands of my said Trustees or out at Interest on Securities sufficient to pay the said Sum of seventy Pounds as before directed by this my Will then my said Trustees or the Survivor of them his Executors or Administrators shall sell and dispose of my two Shares in the Grantham Canal Navigation aforesaid (if not before sold and disposed of) and out of the Monies arising by or from such Sale or Sales pay the said Sum of Seventy Pounds or else take up as much Money upon my Closes Lands and Hereditaments aforesaid as shall be sufficient for the Payment of the aforesaid Sums of fifty Pounds and twenty Pounds
And the Residue of the Monies arising from the Sale or Sales of my two Shares aforesaid if any shall remain after the Payment of the said Sum of Seventy Pounds shall my said Trustees or the Survivor of them his Executors or Administrators put out on good Security and the yearly Interest or income arising therefrom together with the yearly Rent or Rents arising from my Closes Lands and Hereditaments aforesaid shall my said Trustees or the Survivor of them his Executors or Administrators pay and apply for the use and Benefit of my said Child or Children (excepting as hereinafter excepted) until it or they shall respectively shall attain to the age of twenty one years & in equal shares & proportions & as soon as it or they shall arrive at the said age of twenty one years then my will is that my said Trustees or the Survivor of them his Executors or Administrators shall and do call in all the Monies out on Securities on Account of this their Trust and pay the same with the Interest due thereupon to my said Child or Children in equal Shares and Proportions and also resign and deliver up the possession of my Closes Lands and Hereditaments aforesaid by this my Will given and devised to them In Trust to my Child or Children aforesaid To have and to hold the same to it or them or to its or their Heirs for ever in equal Shares and Proportions as Tenants in common and not as joint Tenants
But if my said well beloved wife Hannah shall marry again then from the Time she shall cease to be my Widow my said Trustees or the Survivor of them his Executors or Administrators shall pay her out of the aforesaid yearly Interest or Income Rent or Rents fourteen Pounds a year by equal and half yearly payments for and during the Term of her natural Life and the Residue of the said yearly Interest or Income Rent or Rents (the aforesaid Sums of fifty Pounds and twenty Pounds being before paid) shall my said Trustees or the Survivor of them his Executors or Administrators Pay to my said Child or Children in the Manner before directed
But provided there shall be no such Child or Children by me begotten on the Body of my said well beloved Wife Hannah then In Trust that they my said Trustees or the Survivor of them his Executors or Administrators do and shall as soon as conveniently may be after the decease of my said well beloved Wife or as soon as she ceases to be my Widow sell and dispose of my Closes Lands and Hereditaments aforesaid and also of my two Shares in the Grantham Canal Navigation (if not before sold and disposed of) unto any Purchaser or Purchasers his her and their Heirs Executors Administrators and Assigns respectively for the best Price or prices that can or may be had or gotten for the same and my Mind and Will is and I do hereby expressly declare that the Receipt or Receipts of my said Trustees shall be good and sufficient discharges to such Purchaser or Purchasers for such Purchase Money for which such Receipt or Receipts shall be given and that such Purchaser or Purchasers shall not be answerable or accountable for the Misapplication of such Purchase Monies
And the Monies arising out of or from the said Sale or Sales as aforesaid together with the Monies out on Securities on Account of this Trust shall my said Trustees or the Survivor of them his Executors or Administrators pay and dispose of in the following Manner viz
One hundred Pounds to my Wife Hannah aforesaid to be at her own disposal three hundred Pounds to be by my said Trustees on good Security and the yearly Interest or Income arising therefrom shall be paid by my said Trustees or the Survivor of them his Executor or Admors yearly and every year to my said Wife Hannah for and during the Term of her natural Life
To my Brother John Chamberlain fifty Pounds
To my Sister Elizabeth Carver fifty Pounds
To my Sister Ann Linaker fifty Pounds
To my Nephews John and [no name given] Sheppard and to my Niece Elizabeth Elizabeth [sic] Sheppard two hundred and fifty Pounds apiece
To my Nephew John Rogers fifty Pounds and to the Children of my late Niece Mary Goodacre daughter of my Sister Carver one hundred Pounds to be equally divided amongst them Share and Share alike
To my Godson George Moore Son of my Brother in Law John Moore fifty Pounds
And the Residue of the said Monies to my Nephews and Nieces the Children of my Sister Elizabeth Carver now living to be equally divided amongst them Share and Share alike
But if any of my aforesaid Nephews or Nieces the Children of my Sister Elizabeth Carver and the Children of my Sister Ann Linaker aforesaid shall be dead at the Time of Payment of the aforesaid Legacies then my Will is that my said Trustees or the Survivor of them his Executors or Administrators do and shall pay the same to his her or their Child or Children respectively being born in Wedlock in equal Shares and Proportions but if there be no such Child or Children then his her or their Share or Shares of the Monies aforesaid by this my Will and Testament given and bequeathed to him her or them shall by my said Trustees or the Survivor of them his Executors or Administrators be equally divided Share and Share alike between or Amongst the surviving Brother or Brothers Sister or Sisters the Children of my Sister Elizabeth Carver and the Children of my Sister Ann Linaker aforesaid respectively
And with regard to the four hundred Pounds by this my Will before disposed of conditionally viz in case my beloved Wife should marry again my Will is that as soon as conveniently may be after the decease of my said Wife Hannah my said Trustees or the Survivor of them his Executors or Administrators do and shall pay out of the aforesaid four hundred Pounds the further Sum of fifty Pounds into the Hands of the Vicar or Curate and Churchwardens of Claxton otherwise Long Clawson aforesaid for the Time being and also the further sum of thirty Pounds into the Hands of the Vicar or Curate and Churchwardens of the Parish of Wimeswould aforesaid for the Time being both Sums to be applied by the Vicar or Curate and Churchwarden or Churchwardens of each of the said Parishes respectively for the Time being for the Uses Intents and Purposes in all Respects as before directed respecting the Sums before given to the said Parishes respectively in the former Part of this my last Will and Testament
And with regard to the Residue or remaining part of the four hundred Pounds aforesaid my Will is that if my said Wife remain and continue my Widow at the Time of her decease that she shall have the whole of the same at her own disposal and that my said Trustees or the Survivor of them his Executors or Administrators do and shall pay the same after her decease to such person or persons and for such Uses Intents and Purposes as she my said Wife by her last Will and Testament shall direct But if my said Wife shall marry again then my Will is that the said Residue or remaining Part of the four hundred Pounds aforesaid (except the one hundred Pounds a Part thereof in such Case before given to my said wife to be at her own disposal) shall my said Trustees or the Survivor of them his Executors or Administrators pay in equal Shares and Proportions to my Nephews John and Joseph Sheppard and to my Niece Elizabeth Sheppard or in case any of them shall be dead at the Time of payment then shall my said Trustees &c pay the same to his her or their Child or Children respectively &c as before directed
And I do hereby expressly declare that my said Trustees or either of them their or either of their Heirs Executors Admors and Assigns shall not be charged or chargeable with or accountable for any more Monies than they respectively shall actually receive by virtue of this my Will and also that it shall and may be lawful to and for my said Trustees and each of them their and each of their Heirs Executors and Administrators in the first place by and out of the said Monies respectively to deduct and reimburse to themselves and himself all such Loss Costs Charges and Expences as they or either of them shall sustain or be put unto for or by reason of the performance of this my Will
And lastly I do hereby make constitute and appoint the said William Marriott and Berry Rushland joint Executors of this my last Will and Testament (In Trust as aforesaid)
In witness whereof I the said William Chamberlain the Testator have to this my last Will and Testament written on this and the three preceding sheets of paper set my Hand and Seal viz to the three preceding sheets my Hand and to this sheet my Hand and Seal the day and year first above written
William Chamberlain
Signed sealed published and declared by the above named William Chamberlain the Testator 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 hereunto the several Interlineations and Erasements being first made
Henry Marriott
John Marriott
Thomas Wright
This Will was proved at London on the sixth day of May in the Year of our Lord one thousand eight hundred and three before The Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of William Marriott and Berry Rushland the Executors named in the said Will to whom Administration of all and singular the Goods Chattels and Credits of the deceased was granted they having been first sworn by Commission duly to admr