John Exton of Eastwell 1855 Will
National Archives PROB 11/2210/1
I John Exton of Eastwell in the County of Leicester Grazier do declare this to be my last Will and testament hereby revoking any Will or testamentary disposition which I may heretofore have made
I give and bequeath to Miss Caroline Borini [1851 head of Convent of Mercy in Nottingham] Miss Margaret Polding and Miss Ann Wilson of Nottingham Spinsters as joint tenants the sum of four thousand pounds free from legacy duty and clear of all other deductions And I direct that the same shall be paid within six months after my decease
I give and devise the two freehold houses situate in the Town of Melton Mowbray and which were some time since purchased by me and one of which houses is at present in the occupation of the Roman Catholic Clergyman at Melton Mowbray and the other is at present occupied or used as a School for the education of Roman Catholic Children unto and to the use of the Reverend Thomas Peter Tempest of Grantham the Reverend Joseph Bick of Eastwell aforesaid and the Reverend Michael Trovell of Newport in the County of Salop [all Catholic priests] and their heirs absolutely as joint tenants
I give and bequeath unto my Housekeeper Mary Sumner during her life an annuity or yearly sum of ten pounds
I give and bequeath to my Shepherd Thomas Crook a like annuity or yearly sum of ten pounds
And I direct that such two annuities or yearly sums hereinbefore given to the said Mary Sumner and Thomas Crook shall be paid and be payable to them respectively notwithstanding they may at the time of my decease have left my service or ceased to act in the above occupations
I give and bequeath unto Sarah Cox Widow of [blank] Cox late a Labourer at Eastwell aforesaid deceased during her life an annuity or yearly sum of ten pounds
I also give and bequeath to Ann Gooden the Wife of John Gooden of Goadby Labourer an annuity or annual sum of ten pounds for her sole and separate use independently and exclusively of her said husband and of any after taken husband and not to be subject to his debts control interference or engagements and so that the receipt or receipts of the said Ann Gooden and her receipt or receipts only shall be a sufficient discharge and sufficient discharges for the same and so that the said Ann Gooden shall not have power to deprive herself of the benefit thereof by any disposition thereof by sale mortgage charge or otherwise in the way of anticipation
I give and bequeath to Elizabeth Turner Widow of Thomas Turner late of Eastwell Labourer deceased during her life a like annuity or annual sum of ten pounds
I give and bequeath to Catharine S… of Melton Mowbray Widow [surname looks like Seahoe, there is a widow Catherine Hoe in Melton Mowbray in 1951 and this has also been included in the index, although the name is definitely longer than this] during her life a like annuity or annual sum of ten pounds and I also give and bequeath unto John Coats of Melton Mowbray aforesaid a like annuity or annual sum of ten pounds during his life
I give and devise all and every my farm messuages lands tenements and hereditaments situate within the Lordship or Liberties of Newbold in the County of Leicester now in the occupation of Thomas Hardy as tenant there of all and every messuages lands tenements hereditaments and real estates wheresoever situate and of what nature or tenure soever of or to which I am now or at the time of my death shall or may be seized or entitled either at Law or in Equity for any devisable estate or interest of which I now have power to dispose by this my Will (except the said two freehold houses in Melton Mowbray which I have by this my Will devised Absolutely to the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell and their heirs and assigns upon the trusts and to and for the ends intents and purposes hereinafter mentioned
And I give and bequeath all the money securities for money goods chattels farming stock furniture household goods plate and effects rights credits And other personal Estate whatsoever and wheresoever of or to which I am now or at the time of my death shall or may be possessed or entitled either at Law or in Equity for any estate or interest which can be bequeathed by Will or of which I now have power to dispose of by Will unto the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell their executors administrators and assigns upon trust they the Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell and the survivors and survivor of them and the executors or administrators of such survivor do and shall as soon as conveniently may be after my death call in sell and dispose of and convert into money all such and so many and such part and parts of the said money securities for money goods chattels rights credits and other personal estate as shall not consist of ready money and do and shall stand and be possessed of and interested in the money to be thereby procured and of and in the ready money of or to which I shall be possessed of or entitled to at the time of my decease upon trust thereout to pay and discharge my funeral and testamentary expences and debts and the costs and expences to be incurred in or about the calling in disposition or conversion into money aforesaid or otherwise in or about the execution of the trust aforesaid or in relation thereto and the legacy bequeathed by this my Will and the legacies which may be bequeathed by any Codicil thereto
And after payment thereof upon trust to invest a sufficient sum out of the residue of the said monies in the names or name of the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell in the purchase of a competent share or shares of any of the Parliamentary Stocks or funds of Great Britain or at interest upon Government or real securities in England or Wales but not in Ireland to answer and pay the said annuities of ten pounds each so given and bequeathed by my Will to Mary Sumner Thomas Crook Sarah Cox Ann Gooden Elizabeth Turner Catharine S… and John Coates
And upon this further trust to invest a further portion of the said monies in the like names or name and upon the like security or securities as may be sufficient to produce the annual sum of ten pounds a year and do and shall pay the said sum of ten pounds so to be produced free from legacy duty or any other deduction in such manner as in the judgment and discretion of the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell may be most for the benefit of Mary Judson of Eastwell an infant under the age of twenty one years during her minority or until she may marry and upon her attaining the age of twenty one years if she shall then be unmarried then to pay the said sum of ten pounds to her for her own use by half yearly payments and upon trust that upon her death or marriage which shall first happen then to apply the said sum so invested to secure the said annuity of ten pounds in the manner hereinafter directed for the benefit of the persons who under the trusts of this my Will shall at the time of such death or marriage of the said Mary Judson be entitled to my residuary personal estate
And I direct that the said annuities hereinbefore given to the said Mary Sumner Thomas Crook Sarah Cox Ann Gooden Elizabeth Turner Catharine S… and John Coates shall be paid to them respectively by equal half yearly payments and that the first half yearly payments thereof respectively shall be made at the expiration of six Calendar months next after my decease if the said last mentioned persons shall be then respectively living
And I do hereby declare that in case the monies to arise in manner aforesaid from the conversion of my personal estate and the ready money I may have the time of my death shall be insufficient for the payment of my testamentary expences and my debts and the costs and expences to be incurred in the execution of the trusts hereof and which are hereinbefore directed to be paid and also for the payment of the said legacy of four thousand pounds and the providing sufficient funds for the payment of the said annuities in manner aforesaid then I direct that the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell shall out of the rents and profits or by sale and conversion or mortgage of my real estates (other than and except the two freehold houses in Melton Mowbray hereinbefore devised to them) hereinbefore devised to them absolutely or any part thereof or by both or any or one of these means or otherwise as they in their discretion shall think proper pay and satisfy what my said personal estate shall be insufficient to pay and do and shall lay out and invest and pay the monies so to be raised and paid as last aforesaid in the same manner in all respects as I have hereinbefore by this my Will directed with respect to the monies to be produced from the conversion of my personal estate and with respect to the ready money I may be possessed of at the time of my death
Provided always and I hereby direct that until such purchase or investment to answer the said annuities and payments as hereinbefore directed shall be made the several annuities and other payments intended to be provided for by such purchase or investment shall be paid and satisfied from time to time out of the income of any part of my said residuary personal estate which shall be producing income or out of the rents and profits of my said real estate (other than and except the said two houses in Melton Mowbray aforesaid) or by and out of the principal monies to arise or come to the hands of the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell or of either of them by the ways and means hereinbefore mentioned or any of them
And I further direct that from time to time as and when any of the several annuities or other payments intended to be provided for by the purchase or investment aforesaid shall cease to be payable a proportional part of the said trust fund so invested as hereinbefore directed shall sink into and form part of my residuary estate
Provided always and I declare my Will to be that if at the time of my decease any part of my personal estate shall be invested in or upon any stocks funds personal or other societies other than those in or upon which the same or such part as may be required for the purposes aforesaid is and are hereinbefore directed to be invested then and in such case notwithstanding any of the directions hereinbefore contained it shall be lawful for the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell and the survivor of them and the executors and administrators of such survivor to allow the same to remain in or upon such stocks funds or securities without their or his being liable or accountable at Law or in Equity for any loss which may happen or be occasioned to my estate by reason thereof
I give devise and bequeath all the estates which at the time of my decease shall be vested in me upon any trusts or by way of mortgage and of which I have power to dispose by this my Will with their rights members and appurtenances unto the Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell their heirs executors administrators or assigns respectively according to the nature and quality thereof respectively upon the trusts and subject to the equity of redemption which at the time of my decease shall be subsisting or capable of taking effect but the money secured on such mortgages (if any) to be considered and taken as part of my personal estate
And as to the rest residue and remainder of my estate and effects both real and personal I give devise and bequeath the same unto and to the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell their heirs executors administrators and assigns for ever for their own use and benefit
And I do hereby declare that the receipt and receipts in writing of the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell and the survivor and survivors of them and the heirs executors and administrators of such survivor or of the trustee or trustees for the time being acting in the execution of the trusts of this my Will for any sum or sums of money for the purchase of the said hereditaments and real estate or any part thereof which may be sold under the direction hereinbefore contained in that behalf or for any other sum or sums of money which may become payable under or by virtue of this my Will or in the execution of the trust hereof shall be a good and effectual discharge and good and effectual discharges for the money therein respectively acknowledged to be received and shall to all intents and purposes discharge the person or persons taking such receipt or receipts his her or their heirs executors or administrators from seeing to see to the application or being accountable or answerable for the misapplication or nonapplication of the same or any part thereof
And I further declare by this my Will that in case the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell or either of them or any succeeding trustee should depart this life or go to reside out of the United Kingdom for any period of time beyond twelve months at one time or should decline or become incapable to act in the trusts created by this my Will it shall be lawful for the surviving or continuing trustees or trustee or the executors or administrators of the surviving trustee by any writing under his her or their hand or hands to appoint any person or persons to be a trustee or trustees
And I direct that upon appointment of such new trustee or trustees the said trust funds and monies shall be transferred and assigned in such manner as to become vested in such new trustee or trustees jointly with the continuing trustee or trustees if there be any or if not then in the new trustee or trustees only
And I declare that the trustee or trustees to be appointed as aforesaid shall have the same powers and authorities as if he or they had been originally appointed a trustee or trustees of this my Will
And I further declare that the trustees named in this my Will and the trustee or trustees to be appointed as aforesaid shall not be answerable the one for the other of them but each of them shall not [sic] be answerable for his own acts and receipts only and that they respectively shall not be answerable for any misfortune loss or damage which may happen to the trust property or any part thereof unless the same happen from wilful default
And moreover that it shall be lawful for the trustees or trustee for the time being out of the trust monies to reimburse themselves himself and herself respectively all costs charges and expences which they he or she respectively may sustain or incur in or about the execution of these trusts of this my Will or in any manner relating thereto
And I appoint the said Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell Executors of this my last Will and Testament
In witness whereof I the said John Exton have to this my last Will and Testament subscribed my name this seventeenth day of October in the year of our Lord one thousand eight hundred and forty five
John Exton
Signed and declared by the said John Exton 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 hereunto subscribed our names as witnesses
John Thompson of Harby Farmer
John Halland of Eastwell Servant
This is a Codicil to the last Will of me John Exton of Eastwell in the County of Leicester Grazier which Will bears date the seventeenth day of October one thousand eight hundred and forty five
Whereas by my said Will I have given to Miss Caroline Borini Miss Margaret Polding and Miss Ann Willson of Nottingham Spinsters as joint tenants four thousand pounds free from legacy duty and all other deductions to be paid within six months after my decease And whereas the said Ann Willson has sometime since departed this life Now I direct and declare that Miss Matilda Veronica Perry of Nottingham aforesaid Spinster [1951 resident of Convent of Mercy, Nottingham] shall be substituted in the place of the said Ann Willson deceased as one of the Legatees of the said sum or four thousand pounds and I direct that my said Will shall be read and construed as if the name of the said Matilda Veronica Perry had been inserted therein in the place and instead of the name of the said Ann Willson and that the said Caroline Borini Margaret Polding and Matilda Veronica Perry shall be entitled to the said sum of four thousand pounds as joint tenants and that in the case of the death of any one or more of them the said Caroline Borini Margaret Polding and Matilda Veronica Perry in my lifetime then the said sum of four thousand pounds shall belong to the survivors and last survivor of them and in case of the death of all of them in my lifetime then the same sum of four thousand pounds shall go and belong to the executors and administrators of the last survivor of them the said Caroline Borini Margaret Polding and Matilda Veronica Perry
And whereas by my said Will I have devised to freehold houses in Melton Mowbray unto and to the use of the Reverend Thomas Peter Tempest the Reverend Joseph Bick and the Reverend Michael Trovell and their heirs absolutely as joint Tenants and I have also devised all other my real estate unto the said Thomas Peter Tempest Joseph Bick and Michael Trovell and their heirs upon certain trusts in my said Will particularly mentioned And also I have bequeathed all my money securities for money goods farming stock household furniture and all my other personal estate to the said Thomas Peter Tempest Joseph Bick and Michael Trovell their executors administrators and assigns upon certain trusts in my said Will particularly mentioned And I have also by my said will devised all trust and mortgaged estates to the said Thomas Peter Tempest Joseph Bick and Michael Trovell their heirs executors administrators or assigns and I have also devised and bequeathed the residue of my real and personal estate unto and to the use of the said Thomas Peter Tempest Joseph Bick and Michael Trovell their heirs executors administrators and assigns for ever for their own use and benefit and I have appointed the said Thomas Peter Tempest Joseph Bick and Michael Trovell Executors of my said Will and whereas I am now desirous that the Reverend Francis Cheadle of Nottingham aforesaid clerk shall be substituted as a trustee for the said Michael Trovell and shall have the benefit of the several devises and bequests by my said Will made in favour of the said Michael Trovell Now it is my Will that the said Francis Cheadle shall be substituted in the place of the said Michael Trovell as one of the trustees and executors and also as one of the devisees and Legatees of my said Will And I direct that my said Will shall be read and construed as if the name of the said Francis Cheadle had been inserted therein in the place and instead of the name of the said Michael Trovell in every place of my said Will where the name of the said Michael Trovell occurs
And I confirm my said Will in all respects except as it is altered by this Codicil
In witness whereof I have to this and the preceding sheet of paper set my hand this twelfth day of March one thousand eight hundred and fifty three
John Exton
Signed and declared by the said testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses
John Halland of Eastwell Schoolmaster
Mary Harwood of Eastwell Servant
Proved at London with a Codicil 2nd April 1855 before the Judge by the Oaths of the Reverend Thomas Peter Tempest Clerk and the Reverend Joseph Bick Clerk the executors named in the Will and the Reverend Francis Cheadle Clerk the executor named in the said Codicil to whom Admon was granted having been first sworn by Comon duly to Administer
