Chester Mary 1855 of Nether Broughton will

Mary Chester of Nether Broughton 1855 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1855

This is as the last Will and Testament of me Mary Chester of Nether Broughton in the County of Leicester Widow that is to say

I give and devise all my real Estate whatsoever and wheresoever that I have power to dispose of unto Samuel Wells of Ab Kettleby in the said County Farmer and Thomas Binks of Nether Broughton aforesaid Butcher their heirs and assigns for ever Upon Trust that they the said Samuel Wells and Thomas Binks or the survivor of them or the heirs or assigns of such survivor do and shall with all convenient speed after my decease sell convey and dispose of my said real Estate either by Public Auction or Private Contract as to them or him shall seem meet together or in parcels and for the most money and at the best price and prices that can be reasonably had or gotten for the same And I do hereby declare my mind and will to be and direct accordingly that the receipt and receipts of the said Samuel Wells and Thomas Binks or the survivor of them or the heirs or assigns of such survivor signed by them or him shall be a good and sufficient discharge and discharges to the purchaser or purchasers of my said real Estate or any part or parts thereof for so much of the purchase money for which such receipt or receipts shall be given And that after the giving and signing such receipt or receipts such purchaser or purchasers and his her or their heirs or assigns shall not be obliged to see to the application of the said purchase moneys or be answerable or accountable for any loss misapplication or nonapplication of the same or any part thereof And upon the further Trust that they my said Trustees or the survivor of them or the heirs or assigns of such survivor shall and do pay apply and dispose of the money which shall be raised by such Sale or Sales in manner hereinafter mentioned

I give and bequeath all my Monies Stock personal Estate and Effects whatsoever unto the said Samuel Wells and Thomas Binks their executors administrators and assigns Upon Trust that they or the survivor of them or the executors or administrators of such survivor do and shall convert into money such part thereof as shall not consist of money And I will and direct that the said Samuel Wells and Thomas Binks and the survivor of them and the executors and administrators of such survivor shall stand and be possessed of the money to be produced therefrom and also of my other money and the money to arise from the Sale or Sales of my said real Estate which I will shall form one united fund Upon the following Trusts namely

In the first place to pay the costs and expences of my said Trustees in the execution and performance of the trusts hereby in them reposed

In the second place in the payment of my just debts and funeral and testamentary expences

And after the several payments aforesaid Upon Trust to pay to my Nephew William Dunnicliffe a Legacy of eighteen Pounds

And after the several payments aforesaid Upon Trust to pay apply and dispose of the residue and remainder of the said united fund in manner following that is to say

As to one equal sixth part thereof upon trust to pay the same to my sister Margaret Dunnicliffe Wife of Joseph Dunnicliffe of Nottingham in case she shall be living at the time of my decease But if she shall be then dead then to pay the same unto and equally between and amongst her children who shall be then living share and share alike

As to one other sixth part of the said united fund Upon Trust to pay the same to my Sister Damasin Wall in case she shall be living at the time of my decease But if she shall be then dead then to pay the same unto and equally between and amongst her children who shall be then living share and share alike

As to one other equal sixth part of the said united fund Upon Trust to pay the same to my Sister Frances Cartwright in case she shall be living at the time of my decease But if she shall be then dead then to pay the same to her son William Cartwright in case he shall be then living but if he shall be then dead then to pay the same unto and equally between and amongst his children who shall be then living share and share alike

As to two other equal sixth parts of the said united fund Upon trust to pay the same to Phebe Kellam Wife of Charles Kellam of Nottingham if she shall be living at the time of my decease But if she shall be then dead then to pay the same unto and equally between and amongst her children who shall be then living share and share alike

And as to the remaining sixth part of the said united fund Upon Trust to pay the same unto and equally between and amongst the children of James Sutton of Quorndon in the said County of Leicester deceased who shall be living at the time of my decease share and share alike

I make constitute and appoint the said Samuel Wells and Thomas Binks joint executors of this my Will and my will and meaning is and I do hereby expressly declare that my said Trustees & Executors and their respective heirs executors and administrators shall and lawfully may by and out of the money which shall come to their respective hands by virtue of the Trusts aforesaid retain to and reimburse themselves respectively all such loss costs charges damages and expences as they either or any of them shall or may sustain expend disburse or be put to in the execution of the trusts hereby in them reposed or anything relating thereto And further that they shall not be answerable or accountable for any monies to be by them or either of them placed out at interest or deposited for safe custody or otherwise that may be lost unless it be through their or his own wilful neglect or default And that they shall not be answerable or accountable the one for the other of them or for the acts receipts neglects or defaults of the other of them but each of them only for his own separate acts receipts neglects and defaults

Lastly I hereby revoke and make void all former and other Wills by me made and I declare this to be my last Will and Testament

In Witness whereof I the said Mary Chester the Testatrix have to this my last Will and Testament contained in this and the two preceding sheets of Paper set my hand and seal to wit my hand to the two preceding sheets and my hand and seal to this third or last sheet thereof the eleventh day of November in the year of our Lord one thousand eight hundred and forty five

                                                                                                         The Mark and Seal of Mary Chester

Signed sealed published and declared by the said Mary Chester the Testatrix as and for her last Will and Testament in the joint presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto set our names as witnesses thereto

Thomas Rowland

Sarah Bishop

William Campion

This is a Codicil to the Will of me the above named Mary Chester

I revoke the Legacy of Nineteen Guineas to my Nephew William Dunnicliffe and instead thereof give him Five pounds

In witness whereof I the said Mary Chester the testatrix have to this Codicil to my last Will and testament set my hand this First day of March One thousand eight hundred and forty eight

                                                                                                         The Mark of Mary Chester

Signed published and declared by the said Mary Chester the testatrix as and for a Codicil to her last Will and testament in the presence of us who at her request in her presences and in the presence of each other have hereunto subscribed our Names as Witnesses

Joseph Goodbourn

Hannah Sissons

This is a second Codicil to the Will of me the above named Mary Chester

I revoke the Legacy of Eighteen Pounds by my Will given to my nephew William Dunnicliffe and also the Legacy of Five Pounds given to him in lieu thereof by my first Codicil

In Witness whereof I the said Mary Chester the Testatrix have hereunto set my hand this 5th day of Decr 1854

                                                                                                         The Mark of Mary Chester

Signed published and declared by the said Mary Chester the Testatrix as and for a 2nd Codicil to her Will in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our Names as Witnesses

William Brex

John Brewin

Melton Mowbray the 2nd day of January 1855

Thomas Binks of Nether Broughton in the County of Leicester Butcher the surviving Executor in this Will and Codicils named was duly sworn to the Truth and faithful Performance thereof as usual and that the Goods Chattels and Credits of the deceased do not amount in value to the Sum of Twenty Pounds and that the deceased died on the twenty first day of December last past

6th January 1855

Exhibited before the Reverend John Wing Clerk MA and Surrogate and Probate decreed to pass seal to the above named Thomas Binks in the presence of

Geo H Nevinson Not Pub Registrar

Same day Probate dated and Signed by us

Geo H Nevinson )

Thos Nevinson   )  Regrs

Sworn at Stamp office under £100