Thomas Cross of Ab Kettleby 1791 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1791

This is the last Will and Testament of me Thomas Cross the elder of Abb Kettleby in the County of Leicester Grazier

I Give and Devise unto my two Friends John Bosworth of Wysall in the County of Nottingham Grazier and William Cross of Broughton Sulney in the said County of Nottingham Grazier and to their Heirs and Assigns All those my two Messuages or Tenements with the Homesteads Hereditaments and Appurtenances to each of them respectively belonging situate lying and being in Abb Kettleby aforesaid and now in the Tenure of Thomas Williamson, John Faulks and Alice Brown To hold to them the said John Bosworth and William Cross their Heirs and Assigns for ever Upon the Trusts nevertheless and for the Intents and Purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)

Upon this special Trust and Confidence that they the said John Bosworth and William Cross or the Survivor of them his Heirs or Assigns Do and shall apply the Rents and Profits thereof unto and for the Use of my Wife Ann Cross or her Assigns for and during the Term of her natural life and from and immediately after her Decease Then upon this further Trust and Confidence that they the said  John Bosworth and William Cross or the Survivor of them or his Heirs do and shall as soon then after as conveniently may be sell and dispose of all the aforesaid two Messuages or Tenements Homesteads Hereditaments and Premises with their respective Appurtenances to the best Purchaser or Purchasers and for the most Money that can be had and obtained for the same and to apply the Money arising and to be raised from such Sale or Sales in manner following (that is to say)

In the first place in the Payment of all such Costs and Expences as they my said Trustees or the Survivor of them or his Heirs may sustain in the Execution of the Trusts hereby reposed in them And then pay four fifth parts of the clear residue thereof unto and amongst my four Daughters Elizabeth Watts Mary Jalland Ann Pallet and Alice Taylor in equal Shares and Proportions

And the remaining fifth part unto my Son in law John Freckingham of Abb Kettleby aforesaid Grazier Provided nevertheless and my Will is that the share or proportion so directed to be paid to the said John Freckingham he the said John Freckingham shall enjoy and apply to his own Use untill Stephen Freckingham his eldest Son by Sarah his late Wife deceased shall have attained the age of twenty one years and immediately upon the said Stephen Freckinghams attaining his said age of twenty one years he the said John Freckingham his Executors or Administrators shall pay unto him one half part or Moiety of the said Money so paid to him the said John Freckingham for his share as aforesaid and the other half or Moiety he the said John Freckingham may and shall retain and apply to his own Use untill his youngest Son Thomas Freckingham by his said Wife Sarah deceased shall have attained his age of twenty years when the said John Freckingham his Executors of Administrators shall pay the remaining Moiety or half part of his share as aforesaid unto him the said Thomas Freckingham and in case either of the said two Sons of the said John Freckingham shall die before he has attained his said age of twenty one years as aforesaid then in such Case the said John Freckingham his Executors or Administrators shall pay the whole of his said Share unto the Survivor of them upon his attaining his age of twenty years as aforesaid

And in Case both the Sons of the said John Freckingham shall die before they attain the age of twenty one years Then and in such Case my Will is that the said Share or Proportion so payable to the said John Freckingham shall revolt [sic] back and be repaid by the said John Freckingham his Executors or Administrators to my said Trustees the said John Bosworth and William Cross or the Survivor of them his Executors or Administrators Upon Trust that they pay the said Share or Proportion unto my said Daughters Elizabeth Watts Mary Jalland Ann Pallet and Alice Taylor share and share alike and to their respective Executors Administrators and Assigns

I Give and Devise all that my Messuage or Tenement with the Homestead or Orchard thereunto belonging with their Appurtenances situate and being in Bottesford in the said County of Leicester and now in the Tenure or Occupation of my Son in law Richard Watts or his Assigns unto the said Richard Watts and to his Wife the said Elizabeth Watts and their Assigns for and during the Term of their two natural lives and the life of the longer liver of them and from and immediately after the Decease of them the said Richard Watts and Elizabeth his Wife and at the Decease of the Survivor of them I Give and Devise the same unto and amongst all and every the Child or Children on the Body of her the said Elizabeth Watts already or hereafter lawfully to be begotten as well Males as Females and to heir respective Heirs and Assigns for ever equally to be divided between them (if more than one) share and share alike And to take and hold the same as Tenants in Common and not as Joint Tenants

I Give and Bequeath unto my Son Thomas Cross All the Household Goods and Furniture Corn Hay Stock Cattle Chattels Implements of Husbandry and other Effects upon or belonging to my Farm at Whatborough in the said County of Leicester

I Give and Bequeath unto my Son Richard Cross the Sum of twenty pounds and to my Son Samuel Cross the Sum of ten pounds to be paid to them respectively by my Executrix within twelve Months next after my Decease

And unto my Sons John Cross and Thomas Cross one Guinea apiece for Mourning to be paid to them immediately after my Decease

I also Give and Bequeath unto my Son William Cross the Sum of two hundred and fifty pounds to be paid to him within twelve Months next after my Decease in case he and my said Wife do not agree to live together but in Case of their living together and afterwards separating then the said legacy to be paid within six Months after such separation but if my said Son and Wife continue to live [“together” missing] untill her Death then the said legacy to be void

All and every my Household Goods other Goods Stock Cattle Chattels ready Money Securities for Money and all other my personal Estate and Effects whatsoever and wheresoever not by me heretofore specifically given and disposed of Subject to the payment of my Debts legacies and Funeral Expences I Give and Bequeath unto my said Wife Ann Cross her Executors and Administrators

And I do hereby Declare that the Receipt or Receipts of my said Trustees John Bosworth and William Cross or the Survivor of them or his Heirs shall be a sufficient Discharge to the Purchaser or Purchasers of my said Estates hereinbefore directed to be sold by them for such much Money as shall be expressed in such Receipt or Receipts and that afterwards the Purchaser or Purchasers thereof shall not be accountable for any Misapplication or Nonapplication of the said purchase Money

And my Mind and Will that my said Trustees the said John Bosworth and William Cross nor either of them their nor either of their Heirs Executors or Administrators shall not be answerable or accountable for any more Trust Money than he or they shall actually receive and take by Virtue of the trusts hereby in them reposed as aforesaid nor the Acts Neglects Receipts Disbursements or Defaults one for the other but each for his own separate Receipt Disbursement Neglect Act or Default

And I do hereby nominate and apoint my said Wife Ann Cross sole Executrix of this my last Will and Testament

In witness whereof I the said Thomas Cross the Testator have to his my last Will and Testament contained on three Sheets of Paper set my hand and Seal in manner following (to wit) to the two first Sheets my hand and to this last Sheet my hand and Seal this third day of June in the year of our Lord one thousand seven hundred and ninety one

                                                                                                         Thomas Cross

The writing contained on this and the two preceeding Sheet of Paper were signed sealed published and declared by the said Thomas Cross 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 subscribed our Names as Witnesses hereto The word two on the tenth line of this last Sheet being written on an Erasure

Chas: Latham Jun

Hannah Williamson

John Turner

Let Probate be granted to Ann Cross, the Executrix within named, she being duly sworn to the Execution of the Will, & also made oath that the whole of the Deceased’s personal Estate, at the time of his death, did not amount to the Sum of One Hundred pounds

                                                                                                         Before me Tho. Ford, Surrogate

October 25 1791