John Clayton of Scalford then Thorpe Arnold 1877 Will
Leicestershire, Leicester and Rutland Archives DE 462/20 page 451
This is the last Will and Testament of me John Clayton of Scalford Lodge in the Parish of Scalford in the County of Leicester Farmer
I give and devise all that my Close of Meadow or Pasture land situate in the Lordship of Melton Mowbray in the said County of Leicester formerly said to contain by estimation Six acres but by survey found to contain Five acres one rood and eleven perches which I purchased of Clifton Mackinder and Elizabeth his Wife And also all those my two closes of land (one pasture and the other arable) containing respectively Three acres two roods and fourteen perches and Three acres two roods and nineteen perches or thereabouts also situate in the said Lordship of Melton Mowbray and which I purchased of The Trustees for the Sale under the Will of William Dale deceased unto my Son Thomas Clayton his heirs and assigns for ever
Whereas my said Son Thomas is joint occupier with me of a Farm at Thorpe Arnold in the said County of Leicester belonging to His Grace the Duke of Rutland and also of certain lands in the Parish of Melton Mowbray and the live and dead farming stock and implements of Husbandry and tenant right in upon or about the said Farm and lands belongs to us in equal shares Now I hereby give and bequeath my half share of and in the said live and dead farming stock and implements of Husbandry and tenant right that may be in upon or about the said Farm and lands and also any furniture and other effects in the House at Thorpe Arnold that may belong to me unto my said Son Thomas absolutely subject to the payment by him of any rent that may be due in respect of the said Farm and lands at the time of my decease
I give devise and bequeath all those my two other closes of Meadow or Pasture land containing respectively by survey Three acres and twenty eight perches and Two acres three roods and two perches or thereabouts in the Lordship of Melton Mowbray aforesaid and which I purchased of the said Clifton Mackinder and Elizabeth his Wife and all other my real Estate (not hereinbefore specifically devised) And also all my personal Estate and Effects not hereinbefore specifically bequeathed unto my said Son Thomas Clayton and my Friend Edward Henry Maior Clarke of Melton Mowbray in the County of Leicester Gentleman their heirs executors administrators and assigns Upon trust that they the said Thomas Clayton and Edward Henry Maior Clarke or the survivor of them or the heirs executors administrators or assigns of such survivor (hereinafter called the Trustees or Trustee) do and shall as soon as conveniently may be sell the said real estate either together or in parcels and either by Public Auction or private contract with full power to buy in and rescind any contract for sale and to re-sell without being responsible for any loss occasioned thereby and to do all such acts and assurances for effectuating any such sale or sales as they or he shall think fit and also upon trust that they my said Trustees or Trustee shall as soon as conveniently may be sell call in and convert into money such part of my said personal Estate as shall not consist of money And I declare that my said Trustees or Trustee shall by and out of the monies to arise from the Sale of my said Real Estate and from the sale calling in and conversion into money of such part of my said personal estate as shall not consist of money and the money of which I shall be possessed at my death pay my Funeral and testamentary expenses and debts And shall hold the residue of the said monies In trust for all my children or any child other than and except my said Son Thomas Clayton who being Sons or a Son shall attain the age of Twenty one years or being Daughters or a Daughter shall attain that age or marry and if more than one in equal shares
Provided and I hereby expressly direct that in case any one or more of my said children shall depart this life in my lifetime without leaving lawful issue that the original and accruing share or shares of each of them so dying shall go to and be equally divided between and amongst the others of my said children (except the said Thomas Clayton) share and share alike And in case any one or more of them my said children shall have died in my lifetime leaving lawful issue Then I direct that the original and accruing share or shares of such of them so dying shall go to and be equally divided between and amongst his or her child or children such children however only taking amongst them what would have been their deceased parents share if living
I devise and bequeath all estates vested in me as Mortgagee or Trustee unto and to the use of the said Thomas Clayton and Edward Henry Maior Clarke their heirs executors administrators and assigns respectively subject to the equities and trusts affecting the same respectively and so far as I am beneficially interested as Mortgagee to be disposed of as part of my Personal Estate for the purposes of my Will and I appoint my said Son Thomas Clayton and the said Edward Henry Maior Clarke to be Executors and Trustees of this my Will and I declare that the said Edward Henry Maior Clarke shall be entitled to charge for all profession business done by him in relation to the trusts hereof in the same manner as he might have done if he had not been made an Executor and Trustee hereof
And I declare that the Trustees or Trustee Executors or Executor for the time being of this my Will shall be chargeable only with such monies as they or he respectively shall actually receive and shall not be answerable the one for the other of them nor for any Banker Broker or other person in whose hands any of the trust monies shall be placed nor otherwise for involuntary losses And that they and he may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts
In Witness whereof I the said John Clayton the Testator to this my last Will and Testament contained in this and two preceeding sheets of paper have to each sheet set my hand this Fifteenth day of May One thousand eight hundred and seventy four
John Clayton
Signed published and declared by the said John Clayton the Testator as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses the interlineation between the twenty first and twenty second lines of the first sheet having been previously make
SH Butterfield ) Clerks to Mr EHM Clarke,
Robt Nicol ) Solicitor, Melton Mowbray
Proved at Leicester on the Twenty eighth day of July 1877 by the Oath of Thomas Clayton the Son the surviving Executor to whom Administration was granted
The Testator John Clayton was formerly of Scalford Lodge in the Parish of Scalford in the County of Leicester and late of Thorpe Arnold in the same County Farmer and died on the First day of January 1877 at Thorpe Arnold aforesaid
Under £4,000
