Guttridge Henry 1801 of Long Clawson will

Henry Gutridge of Long Clawson 1801 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1801

In the name of God Amen This is the last Will and Testament of me Henry Gutridge of Claxton otherwise Long Clawson in the County of Leicester Cordwainer made the thirtieth day of July in the Year of our Lord One thousand eight hundred

First I give and devise All that part of my Messuage or Tenement in Claxton otherwise Long Clawson aforesaid called the House the Parlour the Chambers over the House and Parlour and all the Out Building on the west end of the Parlour and all that my Close called the Home Close adjoining thereto (Except a small part of the said Close at the North East Corner of the same and which I direct shall be marked out by my Testators hereinafter named from the south west Corner of the Kitchen Garden to the Centre of the outside of my stone Oven) Unto my Brother Robert Mackley and my friend Robert Goodacre both of Claxton otherwise Long Clawson aforesaid Yeomen and their Heirs and Assigns Upon Trust nevertheless that they and the Survivor of them his Heirs and Assigns Do and shall by Mortgage or Demise of the said Hereditaments borrow and take up at Interest the sum of Thirty pounds which sum I direct them to pay and apply in discharge of the several Legacies hereinafter by me given and bequeathed And subject thereto I give and devise such part of my said Messuage or Tenement and Hereditaments as above described with the Appurtenances unto my Nephew John Marriott the son of William Marriott of Claxton otherwise Long Clawson aforesaid Weaver and to his Heirs and Assigns forever

And I give and devise All that the other part of my said Messuage or Tenement and Hereditaments comprising the Entry or Stair Case the Kitchen Shop Dairy Chamber over the Kitchen and all the Out Buildings on the East end of the Dairy and Shop and also the Flower Garden Kitchen Garden and Orchard and the small part of my Home Close which is to be marked out and divided from the other part thereof in manner as hereinbefore directed Unto the said Robert Mackley and Robert Goodacre their Heirs and Assigns Upon Trust nevertheless that they and the Survivor of them his Heirs and Assigns Do and shall by Mortgage or Demise thereof borrow and take up at Interest the sum of thirty pounds which I direct them to pay and apply in discharge of the several Legacies hereinafter by me given and bequeathed And subject thereto I give and devise the said part or share of my said Messuage or Tenement and Hereditaments last above described with the Appurtenances unto my Niece Ann Copley the Wife of Samuel Copley of Claxton otherwise Long Clawson aforesaid Cordwainer her Heirs and Assigns forever

And I do hereby Will, Order and Direct that the Receipts of my said Trustees or the Survivor of them his Heirs and Assigns shall be good and effectual Discharges to the Person or Persons who shall advance and lend the said sum of thirty pounds and thirty pounds and that the Person or Persons who shall lend the same shall not be obliged to see to the Application thereof

And I hereby further Will Order and direct that all necessary division Walls and fences between the Hereditaments above described shall be made and forever hereafter kept in repair by the said Ann Copley her Heirs and Assigns and that neither she nor the said John Marriot shall have any Road or passage right or pretensions to any Road or Passage in or over the Hereditaments hereinbefore by me given to the other of them but that they shall hold and enjoy separate and independent of each other and each have a Road or Passage out of the Town Street to the respective parts herein before by me given to them

And I give and bequeath one Moiety of all my Pews or Seats in the Church of Claxton otherwise Long Clawson aforesaid and all my right and interest therein to the said John Marriott his Heirs and Assigns and the other Moiety to the said Ann Copley her Heirs and Assigns and to be respectively held and enjoyed by them and the Person or Persons who shall for the time being be the owners or the said Moieties of my said Estate by virtue of the Devises aforesaid and to be considered as Heir Looms or in the nature of Heirlooms thereto

I give and bequeath all the wearing Apparel belonging to my late Wives unto my said Niece Ann Copley to be delivered to her immediately after my decease

I give and bequeath all my own wearing Apparel to my Brothers Thomas William and Samuel Gutridge to be equally divided amongst them by my said Trustees

I give and bequeath to my Niece Eleanor Wiggins the sum of ten pounds

I give and bequeath to my Niece Jane Roper unto my Niece Alice Hallam unto my Niece Alice Cross unto my Niece Mary Bird (which said Alice Cross and Mary Bird are Daughters of my said Brother William Gutridge) unto my Sister Elizabeth Marriott and unto my Nephew John Barrowdale the sum of five pounds apiece

I give and bequeath to my Nephew Samuel Gutridge and unto Mary Beauman the Daughter of my late Master Kilborn the sum of ten pounds apiece

I give and bequeath to my Nephew Joseph Marriot my Watch and the sum of one guinea

Also I give and bequeath to my Niece and Housekeeper Sarah Marriott the sum of twenty pounds Which said several Legacies I direct shall be paid at the end of five Months next after my decease by my said Trustees with the said several sums of thirty pounds and thirty pounds directed to be raised on my Real Estate in manner hereinbefore directed and out of my personal Estate hereinafter by me given to my said Trustees In Trust

And as to all my ready Money Securities for Money and all other my personal Estate whatsoever and wheresoever not hereinbefore by me given and bequeathed I give and bequeath the same and every part thereof unto the said Robert Mackley and Robert Goodacre their Executors Administrators and Assigns Upon Trust nevertheless that they the Survivor of them his Executors Administrators and Assigns shall and Do as soon as they shall think proper after my decease sell all or any part or such part of my personal Estate as is not in Money (which is not hereinbefore by me disposed of) and in the first place pay and discharge all my just Debts Funeral Expences and the Expences of proving this my Will and also all the legacies by me hereinbefore given and bequeathed and after payment and satisfaction thereof Upon Trust to pay apply and dispose of the clear surplus then remaining (after deducting therefrom all the reasonable expences which my said Trustees shall be put to in the execution of the Trusts by me reposed in them) In manner following (That is to say)

One full third part thereof I give and bequeath to my said Brother William Gutridge and I direct my said Trustees to pay the same to him One other full third part thereof I give and bequeath to my said Brother Samuel Gutridge and I direct my said Trustees to pay the same to him and out of the remaining third part to pay as soon as may be unto my Brother Thomas Gutridge the sum of four pounds and place the remainder out at Interest or keep it in their hands allowing four per Centum per Annum for the same at their election and with the Interest and part of the principal necessary to pay my said Brother Thomas Gutridge every six Months the like sum of four pounds as long as the said principal and Interest arising therefrom shall last And if it shall happen that he shall not live to consume the whole of such third part in manner as aforesaid Then upon Trust to pay one third part of what shall remain to his Widow if he leave one and the remaining two thirds or the whole in case he leave no Widow to such of his Daughters as shall be living at his decease in equal shares and proportions

And I do hereby will and direct that my said Trustees or either of them shall not be liable to answer or make good any loss or losses which shall or may happen to any part of the said Trust Money or Premises unless the same shall appear to happen by or through their or either of their wilful neglect or default nor shall either of them be answerable or accountable for the Acts Deeds Receipts or Disbursements of the other of them but each of them shall be answerable only for his own separate Acts Deeds Receipts and Disbursements

And Lastly I do hereby nominate constitute and appoint the said Robert Mackley and the said Robert Goodacre joint Executors of this my last Will and Testament and do hereby revoke and make void all others by me made

In Witness whereof I the said Henry Gutridge have to this my last Will and Testament contained in three Sheets of Paper set my hand and Seal (That is to say) to the two first Sheets of which I have set my hand and to this last Sheet my hand and seal the day and year first within written

                                                                                                         The mark of Henry Gutridge

Signed Sealed published and declared by the said Henry Gutridge as and for his last Will and Testament in the presence of us who in his presence at his request and in presence of each other have subscribed our names as Witnesses having first observed that the Word “the like sum of four pounds” were interlined between the tenth and eleventh lines of this Sheet

John Moore

Katherina Fisher

Ann Fisher

April 7th 1801

Let probat be granted to Robert Mackley & Robert Goodacre junr the joint executors of the within written will, they being sworn to the due execution thereof, & made oath that the whole personal Estate of the Deceased, at the time of his Death, did not amount in value to the sum of three hundred pounds

                                                                                                         Sworn  before me Tho: Ford Surrogate