John Collishaw of Hickling 1872 Will and Probate
Nottinghamshire Archives M/3350
In Her Majesty’s Court of Probate Nottingham District Registry Probate of the Will of Mr John Collishaw late of Hickling in the County of Nottingham Wharfinger deceased Dated Will 3 September 1864 Probate 25th January 1872. Testator died 24 December 1871. Extracted by Thorpe & Thorpe Solicitor Nottingham
This is the last Will and Testament of me John Collishaw of Hickling in the County of Nottingham Wharfinger
I direct my just debts funeral and Testamentary expenses to be paid by my Executor hereinafter appointed
I Give and bequeath all my household goods and furniture plate linen and china money and securities for money and all other my personal estate and effects whatsoever to my wife Anne Collishaw and my four children John William Ann and Mary to be divided equally between them by my Executor Robert Barlow of Cotgrave in the said County of Nottingham Veterinary Surgeon and my brother William Collishaw of Hickling aforesaid Farmer or the survivor of them or the executors or administrators of such survivor in such manner as shall be agreed upon between my said wife and my said children and in case of any dispute then in such manner as shall be settled by my said Executors or Executor for the time being whose decision shall be final and conclusive
I Give and bequeath to my said wife an annuity or yearly sum of Forty pounds for the term of her natural life if she shall long continue my widow and unmarried but not otherwise and I direct that the said annuity shall be paid by two equal half yearly payments the first of such payments to become due and be payable at the expiration of six calendar months next after my decease And I hereby direct that the said annuity shall be a charge upon the land hereditaments and premises hereinafter devised to my said son John and I also direct that the said payment of such annuity shall be recoverable by my said wife in the event of any such payments being in arrear and unpaid for the space of thirty days next after the same shall have accrued due by entry and distress on the said lands hereditaments and premises so chargeable with the same in a similar manner and with equal powers as are given by Law to Landlords for the recovery of rent due from yearly tenants
I Give and devise all that my messuage or tenement with the garden outbuildings and appurtenances to the same belonging situate at Cotgrave aforesaid as the same are now in the occupation and the residence of the said Robert Barlow unto my said wife for and during the term of her natural life if she shall so long continue my widow and from and immediately after her decease or remarriage which shall first happen then I Give and devise the same messuage garden hereditaments and premises unto and To the Use of my said son John his heirs and assigns absolutely
I Give and bequeath unto my said two daughters Ann and Mary the sum of six hundred pounds each for their own sole and separate use and whose receipt notwithstanding Coverture shall be good discharge for the same And I hereby charge the same upon the whole of the hereditaments and premises hereinbefore and hereinafter devised to my said son John
I Give and devise all that my land situate at Cotgrave aforesaid containing in the whole about seventy five acres or thereabouts as the same is now in the occupation of the said Robert Barlow And Also all that other close of land situate at Hickling aforesaid called near Brook Close and containing about fourteen acres And also all that other close of land situate in Hickling aforesaid called The Moory Wong and containing about nine acres And also all that other close of land situate at Hickling aforesaid called The Little Meadow containing about one acre Unto and To the use of my said son John his heirs and assigns (but subject nevertheless to the payment of the said annuity of Forty pounds hereinbefore bequeathed to my said wife and of the said two several sums of six hundred pounds and six hundred pounds so bequeathed to my said two daughters as aforesaid)
I Give and devise all that my messuage or tenement with the Wharf outbuildings and appurtenances to the same belonging And also all that piece of land called The House Close adjoining the above And also all other my messuages or tenements farm buildings land hereditaments and premises situate at Hickling aforesaid and now in the occupation of and which I lately purchased from Mr Joseph Thompson and containing about twenty one and a half acres or thereabouts And also all other my messuages land hereditaments and premises not hereinbefore disposed of Unto and To the use of my son William his heirs and assigns subject nevertheless to the payment of the sum of one thousand five hundred pounds which I now owe upon certain promisory notes given by me to my three sisters Ann Collishaw Jane Collishaw and Sarah Collishaw and to Miss Louisa Severn of the Town of Nottingham and to all interest that may be due thereon at the time of my decease And I hereby charge the said sum of one thousand five hundred pounds and the interest which may be due thereon at the time of my decease upon the whole of the hereditaments and premises so devised to my said son William his heirs and assigns in manner aforesaid and I hereby expressly exonerate the whole of my other estate whether real or personal of and from the same or any part thereof respectively
And I hereby declare that if the Trustees hereby appointed or either of them shall die in my lifetime or if they or either of them or any future Trustee or Trustees of this my Will shall die or desire to retire from or refuse or become incapable to act in the trusts of this my will before the same shall be fully performed then and in every such case it shall be lawful for the then continuing Trustees or Trustee for the time being of this my will or if there shall be no continuing Trustee then for the retiring or refusing Trustees or Trustee of the acting Executor or administrator of the last acting Trustee to appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to retire or refusing or becoming incapable to act as aforesaid with liberty upon any such appointment to increase or diminish the original number of Trustees and upon every such appointment the trust premises shall be so conveyed and transferred that the same may become vested in the new Trustee or Trustees either jointly with the continuing Trustee or Trustees or solely as the case may require and every such new Trustee (as well before as after the trust premises shall have become vested in him) shall have all the same powers and authorities of the Trustee in whose place he shall be substituted
I devise and bequeath all estates vested in me as a Trustee or Mortgagee unto the said Robert Barlow and William Collishaw their heirs executors and administrators subject to the trusts and equities affecting the same respectively
I Appoint the said Robert Barlow and William Collishaw Joint Executors of this my Will
In Witness whereof I the said John Collishaw have to this and the two preceding sheets of paper subscribed my hand this third day of September one thousand eight hundred and sixty four John Collishaw
Signed declared and acknowledged by the said John Collishaw as and to be his last Will and Testament in our presence who in the presence of the said Testator and of each other and before leaving such presence have hereunto subscribed our names as Witnesses
Geo Durrill, Solr Nottm
Saml Lowe his Clerk
John Collishaw wharfinger of Hickling died 24 December 1871 at Hickling, probate granted 25 January 1872 to his brother William, the surviving executor, estate valued under £800.