William Fox of Scalford 1875 Will
Leicestershire, Leicester and Rutland Archives DE 462/18 page 88
This is the last Will and Testament of me William Fox of Scalford in the County of Leicester Tailor and Farmer
First I direct all my just debts funeral and Testamentary expences to be fully paid
I Give devise and bequeath All those my three Messuages or Tenements with the Shoemakers Shop Yards Gardens Orchard and Appurtenances thereto belonging situate in Scalford aforesaid And also All those my Closes or Grounds inclosed land and hereditaments situate in the Lordship of Scalford aforesaid and Wartnaby in the said County of Leicester And all other my Real Estate whatsoever and wheresoever situate And also all the Stock Cattle Chattels hay corn straw and other effects in and upon the lands and premises in my occupation And all other my personal Estate and Effects of whatsoever nature or kind the same may be and wheresoever situate of which I shall die possessed Unto my two friends John Godber of Scalford aforesaid and Samuel Godber of Thorpe Satchville in the County of Leicester Farmers and Graziers their Heirs Executors Administrators and assigns To hold the same Hereditaments and premises unto the said John Godber and Samuel Godber their Heirs Executors Administrators and assigns Upon the Trust and for the several purposes hereinafter expressed that is to say
Upon trust that they the said John Godber and Samuel Godber (hereinafter described as Trustees) or the survivor of them his Heirs Executors Administrators and Assigns do and shall call in and convert into money all my said personal Estate and Effects or such part thereof as shall not at my decease consist of ready money and receive and recover all debts and sums of money that may be due and owing to me from any person or persons whomsoever and by with and out of the monies so to be received from my said personal Estate and Effects or from any Sale or Sales thereof I direct my said Trustees and the Survivor of them his Heirs Executors Administrators and assigns to pay and satisfy all my just debts funeral and Testamentary expences and any Mortgage Bond or other debts that may be due and owing from me to any person or persons whomsoever at the time of my decease or that I may in anywise be liable to and in case my said personal Estate and Effects should fall short and not be sufficient to pay the whole of my said debts and liabilities Then and in that case I direct my said Trustees and the Survivor of them his Heirs executors administrators and assigns do and shall absolutely sell and dispose of the whole of my said Real Estates situate at Scalford and Wartnaby or elsewhere or a competent part thereof sufficient for the full payment of my debts as aforesaid either entire or in parcels by public auction or private contract unto any person or persons who shall be willing to become the purchaser or purchasers thereof or of any part thereof for the most money that can reasonably be had or gotten for the same and shall execute all such deeds conveyances and assurances as shall be requisite and necessary to effectuate such sale or sales
And I do hereby declare that the receipts of my said Trustees or the survivor of them his Heirs Executors or Administrators shall be a good and valid discharge for the Sum or Sums mentioned therein and that it shall not be necessary for any such purchaser or purchasers nor shall he or they be bound to see nor be in any respect liable or accountable to any person whomsoever for the application nonapplication or misapplication of the purchase monies or any part thereof
And in case there should be any surplus arising from my said Personal Estate and Effects or from the Sale of my Real Estates or a competent part thereof after the payment of all my just debts funeral and testamentary expences and the Legacies hereinafter by me bequeathed I direct my said Trustees or the Survivor of them his Heirs Executors and Administrators do and shall lay out and invest the residue of such monies which shall remain after answering the purposes aforesaid in their or his names or name at Interest or Government or real Securities in England and shall from time to time alter and vary the said trust monies so to be laid out and invested as aforesaid into and upon other funds and securities of like nature at their or his discretion And I do declare that the said Trustees or Trustee for the time being shall stand possessed of an interest in the said Trust monies and the funds and securities in which the same shall be invested and the interest dividends and annual produce thereof And also the Rents and annual income and intermediate rents and annual income of my said Real Estate or so much as shall not have been sold and disposed of for answering the purposes aforesaid Upon the Trusts and purposes hereinafter expressed that is to say
Upon Trust that they my said Trustees or the survivor of them his Heirs Executors and Administrators do and shall pay and apply the said Rents Interest Dividends and Annual Income of my said Residuary Real and personal Estate and Effects unto or permit the same to be received and taken by my Sister Alice Fox of Scalford aforesaid or her Assigns during the Term of her natural life for her own absolute use and benefit and from and immediately after the decease of my said Sister Then I Give devise and bequeath the whole of my said Residuary Real and Personal Estate and Effects whatsoever and wheresoever unto my friend John King of Melton Mowbray in the said County of Leicester Tailor his Heirs Executors Administrators and Assigns for ever
I direct my said Trustees John Godber and Samuel Godber to retain and pay unto themselves and each of them out of my said Trust Estate the sum of Ten Pounds apiece for the trouble they may have in executing the trusts of this my Will which I hereby give to them accordingly
Provided and I do further declare that my said Trustees hereby appointed their heirs executors administrators and assigns shall be chargeable respectively for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed and that they shall not be accountable for any involuntary losses or for the failure of any Banker or Broker in whose hands any of the Trust monies may be placed for safe custody but only for their own wilful neglects and defaults only And that it shall be lawful for them out of the trust premises to retain and reimburse themselves and each of them all costs charges and expences they or either of them shall sustain expend or be put unto in or about the execution of the aforesaid trusts or any of them
And lastly I do hereby appoint the said John Godber and Samuel Godber Trustees and joint Executors of this my last Will and Testament hereby revoking all others by me at any time heretofore made
In Witness whereof I the said William Fox the Testator have to this my last Will and Testament written on three sheets of paper set my hand this thirteenth day of May One thousand eight hundred and fifty two
William Fox
Signed Published and declared by the said William Fox the Testator as and for his last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other at the same time set our hands as Witness thereto
Joseph Miles, Melton Mowbray
John Harby, Scalford
Proved at Leicester the Tenth day of February 1875 by the Oaths of John Godber and Samuel Godber the Executors to whom Administration was granted
The Testator William Fox was late of Scalford in the County of Leicester Tailor and Farmer and died on the thirteenth day of December 1874 at Scalford aforesaid
Under £200
