Samuel Furmidge of Harby 1875 Will
Leicestershire, Leicester and Rutland Archives DE 462/18
This is the last Will and Testament of me Samuel Furmidge of Harby in the County of Leicester Corn Seed Cake and Coal Merchant
I bequeath my furniture plate linen china and other household effects unto my dear Wife Sarah Furmidge absolutely
I give and bequeath the whole of the moneys assured by or to be received by virtue of any Policy or Policies on my life to my friends George Kemp of Harby aforesaid Farmer and William Waite of Wyfordby in the said County of Leicester Farmer and my Son William Hardy Furmidge of the Town of Nottingham Corn Salesman their executors and administrators Upon trust to receive and invest the same in the names or name of my Trustees or Trustee in or upon any of the securities authorized by law as investments for trust moneys with power for my Trustees or Trustee to vary the said investments from time to time at their or his discretion into or for any others authorized as aforesaid And to pay the income of the said monies or of the securities in or upon which the same shall for the time being be invested to my said Wife during her life and so that if she shall marry again the same shall be for her separate use and without power of anticipation
And from and after her decease In trust for my nine children namely the said William Hardy Furmidge and Samuel Hardy Furmidge John Thomas Furmidge Elizabeth Ann Furmidge Vincent Furmidge Linney Furmidge Russell Furmidge Harry Furmidge and Louisa Hannah Furmidge or such of them as being sons or a son have attained or shall hereafter attain the age of twenty one years or being daughters or a daughter shall attain that age or marry in equal shares as tenants in common
I Devise all my Real Estate and I bequeath the residue of my Personal Estate unto the said George Kemp William Waite and William Hardy Furmidge their heirs executors and administrators according to the nature and tenure thereof respectively Upon the trusts following (that is to say)
Upon trust if my Trustees or Trustee think it desirable so to do to carry on my said Business of Corn Seed Cake and Coal Merchant or any of them or (if any of my Trustees shall be unwilling to do so) to permit the others or other of my Trustees or my said Wife (she remaining my Widow) to carry on the same or any of them until my youngest children for the time being shall attain the age of twenty one years or for any less period and so that my Trustees or Trustee shall at any time they or he shall in their or his own absolute judgment and discretion think necessary or advisable or for the benefit of my estate discontinue my said Businesses or any of them or cause the same to be discontinued and with power also whilst the same or any of them are carried on to occupy use and employ my said Real and Residuary Personal Estate or any part thereof respectively or permit the same to be occupied used and employed in and about my said Businesses or any of them
And subject to the trust and power aforesaid Upon Trust to sell call in and convert into money my said Real and Residuary personal Estate and out of the moneys arising from such sale calling in and conversion to pay my funeral and testamentary expenses and debts and to stand possessed of the Residue of the said moneys upon trust to invest the same in the names or name of my Trustees or Trustee in or upon any of the securities authorized as hereinbefore mentioned and with power for my Trustees or Trustee to vary such investments from time to time at their or his discretion into or for any others authorized as aforesaid and upon further trust to pay the income of the said monies or of the securities in or upon which the same shall for the time being be invested and also the net profits arising from my said Businesses or any of them if and whilst the same shall be carried on as aforesaid to my said Wife until my youngest child for the time being shall attain the age of twenty one years if she shall so long live and continue my Widow She thereout maintaining educating and bringing up my Sons for the time being under the age of twenty one years and my Daughters for the time being under that age not having been married
And if my said Wife shall die or marry again before my youngest child for the time being shall attain the age of twenty one years then from and after her decease or second marriage whichever shall first happen Upon trust so long as any child of me shall be under the age of twenty one years to pay and apply such income including such net business profits (if any) as aforesaid or so much thereof as my Trustees or Trustee shall think proper in or towards the maintenance and education of my Sons for the time being under the age of twenty one years and my daughters for the time being under that age and not having been married and to accumulate the unapplied income (if any) by investing the same and the resulting income thereof but with liberty to apply such accumulated and resulting income in like manner and upon my youngest child for the time being attaining the age of twenty one years then as to the said Residuary moneys and securities and the unapplied income thereof (if any) In Trust for my said nine children or such of them as being Sons or a Son have attained or shall hereafter attain the age of twenty one years or being daughters or a daughter shall attain that age or marry in equal shares as tenants in common
Provided always and I declare that in case my said Wife shall be living and my Widow when my youngest child for the time being shall attain the age of twenty one years my Trustees or Trustee shall then retain and invest or keep invested a sum of Five hundred pounds and shall pay the income thereof to my said Wife during the then remainder of her life if she shall so long continue my Widow and that upon her decease or second marriage the said sum of Five hundred pounds or the securities in or upon which the same shall be invested shall go and belong to and be held In Trust for such of my children as would have been entitled thereto under the trust hereinbefore contained if this present proviso had not been herein contained and in the same shares
And I declare as to each of my said daughters that all moneys to which she may become entitled under any of the trusts hereinbefore contained shall if she be married at the time when the same are payable be paid to her for her sole and separate use free from the control debts and engagements of her husband
And I empower my Trustees or Trustee to employ such persons to manage my said Businesses and to act as Bookkeepers Labourers and Servants and at such Salaries or Wages respectively as my Trustees or Trustee may think proper and I declare that my said Son William Hardy Furmidge may (if he shall be willing and my Trustees or Trustee shall think fit) act as Manager of my said Businesses and receive a Salary not exceeding Two hundred pounds per annum notwithstanding his Office of Trustee of this my Will
And also that my Trustees or Trustee may compound Debts submit disputes to arbitration and in all things act in relation to my said Businesses as fully as I myself could have done if living
And I further declare that my Trustees or Trustee may reimburse themselves or himself all losses costs damages and expenses which they or he may sustain or suffer by reason of carrying on the said Businesses or permitting them to be carried on as aforesaid unless the same shall have been incurred through their or his own wilful neglect or default
And I direct my Trustees or Trustee in selling my said Real Estate and disposing of my said Businesses respectively in the first place to offer in writing the same and the Goodwill Stock in Trade book debts fixtures and other trade effects to my said Sons successively according to their respective seniorities (and so that my said Son William Hardy Furmidge shall have the first offer thereof notwithstanding his Office of Trustee, he being my eldest Son) and that if any of my said Sons on such offer being made to him shall desire to purchase the said Real Estate or Trade premises and shall signify such desire in writing to my Trustees or Trustee within fourteen days after the offer thereof to him a valuation shall be made thereof by two indifferent persons one to be named by my Trustees or Trustee and the other by such Son or in case of the disagreement of such Referees then by an Umpire to be appointed by them and that the amount of such valuation shall be paid or secured to my Trustees or Trustee at such time or times and in such manner and upon such terms and conditions as my Trustees or Trustee shall having regard to the trusts and purposes of this my Will think proper and require But no Purchaser from my Trustees or Trustee of my said Real Estate and Trade premises or any of them shall be concerned to see or enquire whether the directions lastly hereinbefore contained as to the offer or sale thereof to my Sons have been complied with or be affected by notice that such directions have not been complied with or that the Sale to such Purchaser is otherwise improper
I declare that the expression “my Trustees or Trustee” shall throughout my Will comprise and include the Trustees or Trustee for the time being of my Will
I devise and bequeath all Estates vested in me upon any trusts or by way of mortgage unto the said George Kemp William Waite and William Hardy Furmidge their heirs executors administrators and assigns respectively upon the trusts and subject to the equities affecting the same and I appoint the said George Kemp William Waite and William Hardy Furmidge Executors of this my Will and my said Wife (she remaining my Widow) and my said Executors or the survivors or survivor of them Guardians or Guardian of my infant children
Lastly I revoke all Wills by me heretofore made
In Witness whereof I the said Samuel Furmidge have hereunder set my hand this eighteenth day of January One thousand eight hundred and seventy four
Samuel Furmidge
Signed by the said Samuel Furmidge the Testator as and for his last Will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses
John Gibson Clerk to Mr Furmidge Harby
OT Turner Solicitor Nottingham
Proved at Leicester the Twentieth day of December 1875 by the Oaths of George Kemp William Waite and William Hardy Furmidge Son of the deceased the Executors to whom Administration was granted
The Testator Samuel Furmidge was late of Harby in the County of Leicester Gentleman and died on the twenty seventh day of November 1875 at Harby aforesaid
Under £6,000