Clark Peter 1888 of Stathern will

Peter Clark of Stathern 1888 Will

Leicestershire, Leicester and Rutland Archives DE 462/31

This is the last Will and Testament of me Peter Clarke of Stathern in the County of Leicester Surgeon

I give and devise unto my Friends Thomas Musson of Loughborough in the said County of Leicester Draper John White of Eaton in the same County Draper and Grocer and Thomas Stow of Much Wenlock in the County of Salop Farmer (hereinafter called my Trustees) their heirs and assigns All my real estate upon Trust to permit my dear Wife Lucy Clark to occupy the same or to receive the rents and profits thereof during her life she keeping the same in tenantable repair

And I give and bequeath to my said Trustees all my personal estate and effects whatsoever and wheresoever including the sum of Three Hundred pounds the amount for which I have effected an assurance on my life in the British Empire Life Assurance Society by a Policy dated the twenty ninth day of July one thousand eight hundred and fifty six together with all bonuses which may become payable thereon Upon the Trusts following that is to say

Upon trust to collect and get in all outstanding debts owing to me by any person and to convert into money all or any part of my personal which shall not consist of money and after payment of my debts funeral and testamentary expenses Upon Trust to invest the money arising from the said Policy and the conversion of my said Personal estate upon real or government securities and to pay the Interest arising from such investments as and when the same shall be received unto my said dear Wife during her life and her receipt shall be a sufficient discharge for the same

And from and after the decease of my said Wife Upon Trust to sell and dispose of my said real estate either by public Auction or private Contract for the best price that can be obtained for the same and also to sell such part of my personal estate as shall not previously have been converted into money and to realize the securities upon which any sum or sums of money may be invested and after payment of the costs attending such sale and the getting in of such securities to pay distribute and divide the surplus unto and equally between all and every my children whether now born or hereafter to be born as shall live to attain the age of twenty one years share and share alike to whom I give and bequeath the same accordingly And my Will further is and I hereby direct that in the event of any of my Children being under the age of Twenty one years at the decease of my said Wife my said Trustees or the Trustee for the time being of this my Will shall stand possessed of such minor or minors share or shares of and in the proceeds to arise from the sale of my said real and personal estates and place the same out at interest upon Government or real securities and pay and apply the interest arising from such share or shares towards the maintenance clothing and education of such Minor or Minors until he she or they shall attain the age of twenty one years And in the event of my not having any Child or Children who shall live to attain the age of twenty one years then I direct my said Trustees to pay and divide the said Trust Funds unto and equally between my Brother James and my sister Janet to whom I give and bequeath the same accordingly

And I appoint my said Trustees Executors of this my Will and in the event of either of them declining to accept the trusts of this my Will or dying before the same shall be accomplished it shall be lawful for the survivors or survivor of such Trustees to appoint some fit and proper person to be a Trustee in the place of such Trustee so dying or declining to act as aforesaid

And I empower my said Trustees out of any monies which shall come to their hands by virtue of this my Will to retain and pay all expenses attending the execution thereof

I give and devise to my said Trustees all estates which shall be vested in me as Mortgagee or Trustee Upon the Trusts nevertheless and subject to the equities then affecting the same and hereby revoking all former Wills by me heretofore made I declare this to be my last Will and Testament

In Witness whereof I have to this my last Will and Testament set my hand this Twenty fifth day of October one thousand eight hundred and seventy

                                                                                                         Peter Clark Surgeon, Stathern

Signed and declared by the said Peter Clark the 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 presence at the same time have hereunto subscribed our names as witnesses hereto

William Lyme Fowke, Vicar of Barkestone

Thomas Musson, Draper, Loughborough

This is a Codicil to the last Will and Testament of me Peter Clarke of Stathern in the County of Leicester Surgeon which Will bears date the twenty fifth day of October One thousand eight hundred and seventy

Whereas since the date and execution of my said Will my wife has become possessed or I have become possessed in her right of certain personal estate Now therefore I give and bequeath the said personal estate so far as I have a disposing power over the same unto the Trustees of my said Will Upon trust to invest the same and apply the proceeds arising from such investment for the benefit of my said wife during the term of her natural life and after her decease then I give and bequeath the said personal estate unto and equally between all and every the children whom I shall have by my said Wife to the exclusion of my child by a former marriage And in the event of my having but one child by my said Wife then I give and bequeath such personal estate to such child absolutely

And I declare this to be a Codicil to my said Will and to be taken as part thereof

In witness whereof I have hereunto set my hand this seventeenth day of January One thousand eight hundred and seventy three

                                                                                                         Peter Clark

Signed and declared by the said Peter Clarke the Testator as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other present at the same time have hereunto subscribed our names as witnesses hereto

John Gee             )  Clerks to Mr Oldham

Geo Rose            )  Solr Melton Mowbray

Proved at Leicester with a Codicil on the fifteenth day of June 1888 by the Oaths of Thomas Musson and Thomas Stow two of the Executors named in the Will to whom Administration was granted John White the other Executor named in the said Will having renounced the Probate and Execution of the same Will and Codicil

The Testator Peter Clark was late of Stathern in the County of Leicester Surgeon and died on the twenty third day of February 1888 at Stathern aforesaid

Personal Estate Gross £413.19.0.  Net £87.0.8.

Latham & New, Solicitors, Melton Mowbray.