Gill John 1851 of Nether Broughton will

John Gill of Nether Broughton 1851 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1851

This is the last Will and Testament of me John Gill of Nether Broughton in the county of Leicester Farmer

I give and devise all my Messuages Lands Tenements and real Estate situate at Nether Broughton aforesaid or elsewhere unto my two Sons John Waite Gill and Josiah Gill and to the heirs and assigns for ever as Tenants in Common and not as joint Tenants subject nevertheless to the Annuities and such part of the Legacies hereinafter mentioned as my personal Estate shall fall short of discharging

I give and bequeath all my Household Furniture plate Linen Brewing Vessels and other my Household Effects equally to be divided between my Wife Rebecca Gill and my four Daughters and I direct my Executors hereinafter named to make such division in the fairest way they can

I direct that my said Wife shall have the use and occupation of that part of the House and Garden in Nether Broughton aforesaid which was late in the occupation of Mr Mantle during her Life if she so chooses to reside there but if she does not choose to occupy the same I direct that my sons shall pay her an Annuity of Five pounds per annum in lieu of such occupation

I give unto my said Wife an Annuity or yearly Sum of Thirty pounds to be paid to her half yearly during her Life – the first half year’s payment to be made at the expiration of six months from my death

I give unto my Daughter Mary Waite Gill and Annuity of Twenty pounds per annum during her Life to be paid to her half yearly – the first payment to be made at the expiration of six months from my death And I expressly direct that such Annuity shall be paid into the hands of my said Daughter – that her receipt only shall be a good discharge for the same – and that such Annuity shall not be subject to the controul Debts or Engagements of any Husband she may marry and that neither my said Daughter or any Husband shall have the power of assigning selling or anticipating the same and that on her attempting to do so the same Annuity shall cease

After the decease of my said Daughter Mary Waite if she shall die without issue or having such none shall attain the age of twenty one years or marry I direct my Executors to pay and divide the Sum of Four Hundred pounds equally between my said two Sons and my three other Daughters Ann Walker, Frances Clarke and Elizabeth Gill as shall be living at the death of my said Daughter Mary Waite and to and amongst the child or children of such of them as shall have died in her Life time leaving Issue such Issue if more than one to take only amongst them their deceased parents share

But after the death of my said Daughter Mary Waite if she shall leave a child or children I direct my said Executors to pay and divide the said Sum of Four Hundred pounds equally amongst her children or only child as shall be living at her death and to and amongst the child or children of such of my said Daughter’s children as shall have died in their mother’s Lifetime leaving Issue such Issue if more than one to take only amongst them their deceased parent’s share.  If my said Daughter Mary Waite shall died leaving a children or children in Minority I direct the Interest of the said Sum of Four hundred Pounds to be applied for their benefit during their respective minorities

I give to my said Daughter Ann Walker a Legacy of Three hundred pounds and to my said Daughter Elizabeth a like Legacy of Three Hundred Pounds to be paid to them at the expiration of six months from my death

I give to my said Daughter Frances Clarke a Legacy of One Hundred pounds to be paid at the same time

I also give and bequeath a Legacy of One Hundred pounds to each of my said Daughters Ann Walker Frances Clarke and Elizabeth Gill to be paid to them at the expiration of six months from my Wife’s death

I give and bequeath all my Money Securities for Money Farming Stock and all other my personal Estate not hereinbefore bequeathed to my said two Sons the said John Waite Gill and Josiah Gill to be equally divided between them subject to the payment of my Debts Funeral and Testamentary Expences

And I appoint my said two sons joint Executors of this my last Will and Testament And I direct that any sum that either of my Executors shall owe me at my death shall be considered as part of my personal Estate and be paid or accounted for by such Son in the same manner as if he had not been appointed an Executor under this my will

In witness whereof I the said John Gill the Testator have hereunto set my hand this Eleventh day of May One thousand eight hundred and fifty

                                                                                                         John Gill

Signed published and declared by the said John Gill 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 hereunto subscribed our Names as Witnesses (the word “Thirty” on the twentieth Line from the top of the first page having been first written on an Erazure)

William Brex of Nether Broughton

Geo: Minkley Clerk to Mr Lathan Solr Melton Mowbray

Melton Mowbray the 8th day of April 1851

John Waite Gill of Old Dalby in the County of Leicester Farmer and Josiah Gill of Holwell in the same County Farmer the joint Executors in this Will named were duly sworn to the Truth and faithful performance thereof as usual and that the Goods Chattels and Credits of the deceased do not amount in value to the sum of One thousand Pounds and that the deceased died on the thirtieth day of October last past

                                                                                                         Before me John Healy Surrogate to the Commissary

10th April 1851

Original Will exhibited before the Reverend Charles Mortlock Clerk BA and Surrogate of the Commissary  and Probate decreed to pass Seal to the above named John Waite Gill and Josiah gill in the presence of

Geo H Nevinson Not Pub Registrar

Same day Probate dated