Daft Thomas 1827 of Walton on the Wolds will

Thomas Daft of Walton on the Wolds 1827 Will

Leicestershire, Leicester and Rutland Archives PR/T/1827/44

This is the last Will and Testament of me Thomas Daft of Walton on the Wolds in the County of Leicester Collar and Whipmaker (that is to say)

I give and bequeath all my Household Furniture Monies Securities for Money Stock in Trade and all other my personal Estate and Effects whatsoever and wheresoever unto my Sister Elizabeth Bennet Wife of William Bennet of Syston in the County aforesaid Shopkeeper her Executors and Administrators Upon Trust that she or they shall or do pay thereout all such Debts as I shall justly owe at my Death and my Funeral and Testamentary Expences And upon further Trust shall or do with or out of the Residue thereof carry on my Trade or Business of a Collar and Whipmaker for the support use and benefit of and pay the clear Gains and profits thereof and the clear Interest and produce of such or so much of the said Residue as shall or may not be employed in such Trade or Business as the same respectively shall arise to or permit and suffer the same to be received by my Wife Sarah Daft for and during the Term of her natural Life and also permitting and suffering her to use and enjoy my said Household Furniture or so much thereof as she shall think proper and conducting the said Trade or Business in every Respect as far as advisedly and consistently can be to her Satisfaction during her said Life And on her Decease shall or do out of the Property and Effects which shall be then vested in her the said Elizabeth Bennett her Executors or Administrators or which she or they shall possess or be intitled to possess by virtue or according to the Intent and meaning of this my Will and Testament (excepting the hereinafter mentioned Stock and Tools of and in the said Trade or Business which I desire may at my said Wife’s Decease be as near as may be of the value of my Stock and Tools in Trade which I shall leave at my Decease) pay and discharge all such Debts Charges and Expences as shall be then due owing or incurred under or on Account of the Trusts hereof or any of them And also shall or do out of such last mentioned Property and Effects (except as before excepted) raise the Sum of ten Pounds of lawful British Money and pay the same to my Brother Samuel Daft if he survive both me and my said Wife but if not Then and in such case shall or do pay the same to his legal personal Representative or Representatives to be disposed of in a due course of Administration it being my Intention that the same or any part thereof shall not become be considered or be disposed of as a lapsed Legacy in Consequence of his not surviving as aforesaid

And also shall or do deliver over the Stock and Tools which shall be in the said Trade or Business at the time of my said Wife’s Decease not including but entirely exclusive of any Money in or Debts or Securities owing to or on Account of such Trade or Business or any Household Furniture or other Thing or things than the said Stock or Tools used with or for the Convenience of the said Trade or Business Unto William Daft Son of the said Samuel Daft for his own use and benefit if he shall survive both me and my said Wife but if not Then and in such case shall or do deliver over the same to his legal personal Representative or Representatives to be disposed of in a due course of Administration it being my Intention that the same or any part thereof shall not become be considered or be disposed of as such a lapsed Legacy as in another case is hereinbefore mentioned in Consequence of his the said William Daft’s not surviving as aforesaid

And also that she the said Elizabeth Bennett if surviving both me and my said Wife shall or do receive and retain for her own Use and benefit all the residue of the last hereinbefore mentioned Property and Effects but if she the said Elizabeth Bennet shall not so survive both me and my said Wife Upon further Trust that the same shall be received and retained by her the said Elizabeth Bennett’s legal personal Representative or Representatives to be disposed of in a due course of Administration it being my Intention that the same or any part thereof shall not become be considered or disposed of as such a lapsed Legacy an in other cases hereinbefore mentioned in consequence of the said Elizabeth Bennett’s not surviving as aforesaid

And I will and declare that my hereinbefore named Trustee her Executors or Administrators shall not be charged or chargeable with or accountable for any more Money Goods Property or Effects under this my Will and Testament than she or they shall actually receive or possess nor for any involuntary Loss or Damage that shall or may happen in or to the said Trust Premises or any part thereof And that it shall be lawful for her or them to reimburse herself or themselves all Costs and Expences which she or they shall sustain or incur in or about the Execution Management or Defence of the Trusts or any of the Trusts hereby in her or them reposed out of the Monies or Effects she or they shall be intitled to receive or possess by virtue hereof and to which such Trusts shall relate

And I appoint the said Elizabeth Bennett Sole Executrix of this my Will & Testament & revoke & make void all Wills and Testaments by me at any Time or Times heretofore made

In Witness whereof I the said Thomas Daft the Testator have to each of the first two sheets of this my last Will and Testament contained in three Sheets of Paper set my Hand and to this third and last Sheet thereof my Hand and Seal this Seventh Day of August in the year of our Lord one thousand eight hundred and twenty six.

                                                                                                         Thomas Daft

Signed sealed published and declared by the above named Thomas Daft 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 have subscribed our Names as Witnesses to the same

John Parker

William Bennet Senr

12th September 1827

Let a Probate be granted to Elizabeth the wife of William Bennet of Syston in the County of Leicester Flax dresser & Grocer the sole Executrix named in the Will of the within named Thomas Daft who died in the month of May last

She the said Elizabeth Bennett having first been duly sworn as well to the faithful execution of the Will as that the testators Goods Chattles and Credits as they were at his decease without deducting any thing on account of debts due and owing therefrom do not amount in value to the sum of Two hundred Pounds

                                                                                                         Before me George Berkeley Mitchell Surrogate to the Official

Present and Consenting

William Bennett Husband of the said Elizabeth Bennett

Same day Probate passed the seal signed by John Stockdale Hardy Registrar

Appeared personally William Bennett the Younger of Syston in the County of Leicester Flax-Dresser and made oath that he knew and was well acquainted with Thomas Daft late of Walton on the Wolds in the said County Collar and Whip maker deceased for some years before and up to the time of his death and that during such his acquaintance with the said deceased he hath frequently seen him write and hath become acquainted with his manner and character of hand Writing and subscription and having now carefully viewed and inspected the names or Words “Thomas Daft” set and subscribed at the bottom of the two first sides or sheets of the paper Writings hereunto annexed marked with the letter (A) and also subscribed opposite the Seal appearing on the third side or sheet of the said paper Writings he this Deponent maketh oath and saith that such names or Words are of the proper hand Writing of the said Thomas Daft deceased.

                                                                                                         Wm Bennett Junr

On the 8th day of September 1827 the said William Bennet the younger was duly sworn to the truth of the aforegoing Affidavit

                                                                                                         Before me George Berkeley Mitchell Surrogate

In the presence of

John Stockdale Hardy Not: Publ: Registrar