Grice John 1864 of Nether Broughton will

John Grice of Nether Broughton 1864 Will

Leicestershire, Leicester and Rutland Archives DE 462/7

This is the last Will and Testament of me John Grice of Nether Broughton in the County of Leicester Farmer

I give and devise all my Messuages and Closes situate at Nether Broughton aforesaid and at Upper Broughton in the County of Nottingham and all other the real Estate of which I shall die possessed unto my Wife during her life and after her death I give and devise the same unto my two Sons Edward Grice and John Grice hereinafter called “my Trustees” upon the Trusts hereinafter mentioned

I direct that my Wife shall have the use of my Household Furniture Linen and Dairy Utensils during her life and after her death I give and bequeath the same to my Daughter Martha absolutely

I give and bequeath all my farming stock hay cattle and all other my personal Estate not before bequeathed unto my said Wife to be at her own disposal she paying thereout my Debts Funeral and Testamentary Expences

And as to all my said real Estate after the death of my Wife I direct my Trustees to sell the same at any time or times after my Wife’s death and as to them shall seem most desirable and either by Public Auction or Private Contract and in such Lots and subject to such special or other conditions of Sale as to them shall seem best with Power to buy in and resell the same and I direct my Trustees to divide the money arising from the Sale of my said real Estate after paying the expences attending the Sale thereof equally between my Six Sons and Three Daughters namely Edward, William, Joseph, John, Walter and Isaac Grice and Martha Grice Ann Smith and Mary Green And I expressly direct that the share of my Daughter Ann Smith shall be paid into her own hands that her receipt only shall be a good discharge for the same and that such share shall not be subject to the controul Debts or engagements of her husband

If any of my Children should die without issue before the receipt of his or her share I direct the share of him or her so dying to be divided equally amongst his or her surviving Brothers and Sisters Provided always and I do hereby declare and direct that every receipt which shall be given by the said Edward Grice and John Grice or the Survivor of them his heirs executors or administrators to the person or persons who shall become the purchaser or purchasers of my said real Estate or any part thereof for his her or their purchase money shall be an effectual discharge for so much money as in every such receipt shall be expressed to be received And that after taking such receipt the person or persons aforesaid shall not be obliged to see to the application or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof And that every Sale which shall be made and conveyance which shall be executed by the said Trustees or Trustee for the time being shall be binding and conclusive on the person or persons beneficially interested his her or their heirs executors or administrators

And I appoint the said Edward Grice and John Grice Executors of this my Will for the purposes aforesaid

In Witness whereof I the said John Grice the Testator have to this my last Will and Testament set my hand this eighteenth day of March One thousand eight hundred and fifty six

                                                                                                         John Grice

Signed published and declared by the said John Grice 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

W Latham Solr Melton

John Riley his Clerk

This is a Codicil to the Will of me the above named John Grice

Whereas since making my said Will my Wife has departed this Life Now I do hereby give and bequeath all my Farming Stock Hay Cattle and all other my personal Estate not before bequeathed by my Will unto my Daughter Martha absolutely she paying thereout my funeral and Testamentary Expenses and such of my Debts as are not mortgages or equitable Mortgages on my real Estate

And whereas my Son John Having gone into Australia I revoke the devise to him of my real Estates and the appointment of him as one of my Trustees and Executors and instead thereof I give and devise all the real Estates of which I shall die possessed unto my said Son Edward and to William Latham of Melton Mowbray in the County of Leicester Attorney at Law and to their heirs and assigns upon the Trusts and for the several Intents and purposes named and expressed in my above Will and I appoint the said Edward Grice and William Latham joint Executors of this my Will

In witness whereof I have hereunto set my hand this thirty first day of August One thousand eight hundred and fifty eight

                                                                                                         John Grice

Signed published and declared by the said John Grice the Testator as and for a Codicil to 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 Witness

W Latham

Joseph Paddison his Clerk

This [“is” missing] a second Codicil to the Will of me the above named John Grice

In addition to what I have bequeathed to my Daughter Martha I give to her the amount of one year’s Income of my Property after paying the Interest of any Money I owe and with this alteration I confirm my said Will and Codicil

In witness whereof I have hereunto set my hand this Twentieth day of November One thousand eight hundred and sixty

                                                                                                         John Grice

Signed published and declared by the said John Grice the Testator as and for a second Codicil to 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

Wm Latham

George Minkley

On the twelfth day of January 1864 the Will with two Codicils of John Grice late of Nether Broughton in the County of Leicester Farmer was proved by the Oaths of Edward Grice Son of the deceased the Executor named in the said Will and William Latham the Executor named in the first Codicil they having been first sworn duly to administer

Sworn under £100 and that the Testator died on the first day of October 1863