John Waite Gill of Old Dalby 1864 Will
Leicestershire, Leicester and Rutland Archives, DE 462/7 page 777
This is the last Will and Testament of me John Waite Gill of Old Dalby in the County of Leicester Farmer
I give and bequeath all my household Furniture Plate Linen and Household Effects to my Wife absolutely
I give and devise all the Messuages Lands and share of Messuages and Lands of which I shall die possessed unto my Brother Josiah Gill and my friends John Bell of Hickling and James Orson of Old Dalby Farmers hereinafter called my Trustees Upon Trust to sell the same or any part at such times as they may think most advantageous for my Wife and Family and either by public auction or private Contract or together or in parcels and subject to such special or other conditions of Sale as to them shall seem expedient and Upon Trust to apply the purchase money in manner hereinafter and until the Sale or Sales shall take place to apply the Rents thereof in manner hereinafter mentioned
I direct my trustees to carry on my Farming Business with the assistance of my Wife so long as she continues my Widow but not otherwise for the maintenance of my said Wife and the maintenance education and bringing up of my Four children until my youngest child shall attain the age of twenty one years and on that event occurring upon trust to hold a sum of money to be placed out on good Security and of such an amount as will produce an annuity of Forty Pounds a year to be paid to my Wife during her life to be paid half yearly the first payment to be made at the end of six months after my youngest child shall attain twenty one years or if my Trustees shall think it more desirable the said Annuity may be purchased of Government or some respectable Assurance Office
I direct that on my said youngest child’s attaining 21 a Legacy of five hundred Pounds shall be paid to each of my Daughters Maria Catherine Gill and Elizabeth Gill and that such Legacies shall be vested in my said Daughters respectively at my death altho not payable to them till the time above named
I give and bequeath all my Money Securities for Money and all other my personal Estate and effects not hereinbefore bequeathed to my said Trustees upon Trust to use the same for the purpose of carrying on my Farming Business in payment of my debts Funeral and Testamentary Expences and after providing for the said Annuity and payment of the said two Legacies I give and bequeath the residue of the Money to arise from the Sale of my said real and personal Estate & the capital invested for securing the said annuity unto my two Sons John Michel Gill and Thomas Gill share and share alike to be vested interests in them on attaining their respective ages of 21 years but not payable till after my youngest child shall attain 21
I expressly direct that my Trustees shall not be answerable for any diminution or loss of property by carrying on my said Farming Business
I also direct that my Trustees shall have power to advance to my children a portion of their expectant shares before my youngest child attains 21 for their advancement in the World if my said Trustees shall think it prudent so to do
Provided always and I do hereby direct that in case any of my said Trustees shall die or become unwilling or unable to carry on the said Trusts before the same shall be fully performed it shall & may be lawful for the survivors or survivor of them to appoint a person or persons to supply the place or places or such Trustees who shall die or become unwilling or unable to act and that from such appointment it may be lawful for the acting Trustee or Trustees to convey & transfer all my said real & personal Estate to the new Trustee or Trustees & the old Trustee
I direct that all the powers and indemnities &c containd in the Schedules hereinafter mentiond of an act of Parliament of the 22 & 23 of Vic chap 35 entitled “an act for the relief of trustees” shall be applicable to this my Will vis Sect 23 Purchasers not answerable for the application of Purchase Money Sect 31 Trustees answerable for their own acts only Sect 32 as to investing Trust Money And I appoint the said Josiah Gill, John Bell and James Orson Executors of this my Will
I direct that the Rents of my real Estates until the same are sold shall be applied by my Trustees in the same manner as I have directd as to my other property
Witness my hand this 7 day of July 1864
John W Gill
Signed and published by the said John Waite Gill 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
Wm Latham Sol Melton
Robert Coalbank
On the eighth day of November 1864 the Will of John Waite Gill late of Old Dalby in the County of Leicester Farmer was proved by the Oaths of Josiah Gill Brother of the deceased John Bell and James Orson the Executors named in the said Will they having been first sworn duly to administer
Sworn under £2,000 and that the Testator died on the twelfth day of July 1864.
