John Cobley of Stathern 1846 Will
Leicestershire, Leicester and Rutland Archives PR/T/1846/34
This is the last Will and Testament of me John Cobley of Stathern in the County of Leicester farmer
I give and devise all that my Messuage or Tenement and also all those my Closes and real Estate situate at Stathern aforesaid unto my Nephew John Sumner his heirs and assigns for ever
I give and devise all my Messuages or Tenements Closes and Hereditaments situate at Scalford and Stonesby in the County of Leicester unto my Nephews John Sumner and William Smith their heirs and assigns for ever Upon Trust that they or the survivor of them or his heirs shall at any time or times after my Death as shall to them seem most desirable sell the same either by public auction or private Contract and either together or in parcels and subject to such special or other Conditions of Sale as shall be thought desirable and Upon Trust to divide the money arising from such Sale or Sales after paying the expences thereof equally between my nephews and nieces William Smith John Smith Mary Ann Hornbuckle Hannah Sumner and Sarah Sumner share and share alike And for facilitating such Sale I declare and direct that every receipt which shall be given by the said John Sumner and William Smith or the Survivor of them his heirs executors or administrators to the person or persons who shall become the purchaser or purchasers of my said real Estate or any part thereof for his her or their purchase money shall be an effectual discharge for so much money as in every such receipt shall be expressed to be received And that after taking such receipt the person or persons aforesaid shall not be obliged to see to the application or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof And that every sale which shall be made and conveyance which shall be executed by the said trustees or trustee for the time being shall be binding and conclusive on the person or persons beneficially interested his her or their heirs executors or administrators
I give to the poor of Stathern aforesaid Five pounds to be divided and distributed the first Christmas after my decease by my Executor in such proportions and to such persons as he shall think proper
Subject to the payment of my Debts funeral and testamentary expences and the said Legacy of Five pounds I give and bequeath all my household furniture Stock Cropping Money and all other my personal Estate and effects to my said Nephew John Sumner and appoint him sole Executor of this my last Will and Testament
In Witness whereof I the said John Cobley the Testator have to this my last Will and Testament set my hand his twenty second day of September One thousand eight hundred and forty six
John Cobley
Signed published and declared by the said John Cobley 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 hereunto subscribed our names as Witnesses
Wm Latham Solr Melton
GW Brewitt his Clerk
John Sumner of Stathern in the County of Leicester Farmer the sole Executor in this Will 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 Six hundred Pounds and that the deceased died on the twenty ninth day of September last past
Before me John Healy Surrogate to the Commissary
On the 4th day of November 1846 Orig Will exhibited before the Rev. Jemson Davies Clerk Master of Arts & Surrogate of the Commissary & Probate decreed to pass Seal to the above named John Sumner
In the presence of John Stockdale Hardy Registrar
Same day Probated dated