Richard Guy of Plungar 1786 Will

Leicestershire, Leicester and Rutland Archives PR/T/1786/74

This is the Last Will and Testament of me Richard Guy the Elder of Plungar in the County of Leicester Farmer and Grazier which I make and ordain in Manner and form following (that is to say)

Imprimis All that my Ancient Field Close or Piece of Ground formerly Inclosed with the Appurtenances lying and being within the unenclosed Lordship or Liberty of Stathern in the said County of Leicester and Containing by Estimation two acres or thereabouts and now in the Tenure or occupation of one Thomas Sumner or his Assigns And also all those Several Pieces and Parcels of Arable Land ley Ground Meadow Pasture Grass Ground Commons and Common of Pasture with their Respective Appurtenances lying and being dispersedly within the open and unenclosed Lordship Fields Liberties and Commonable Places of Stathern in the said County of Leicester Containing together by Estimation or Commonly reputed to be Two oxgangs of Land or thereabouts be the same more or less and now also in the Tenure or occupation of the said Thomas Sumner or his Assigns I hereby Give and Devise unto my two Friends (Vizt) John Garton of Dalby Super Woulds in the said County of Leicester Gentleman And Robert Garton of Claxton otherwise Long Clawston in the said County Gentleman and to their Executors Administrators and Assigns at my Decease upon such Trusts nevertheless and to and for the Several Ends Intents and Purposes hereinafter Mentioned expressed and declared of and concerning the same (that is to say)

Upon this special Trust and Confidence in them reposed That they the said John Garton and Robert Garton or the Survivor of them his Executors Administrators or Assigns do and shall (so soon after my Decease as Conveniently may be) Lett and sett the same either together or in Parcels for the best and most Rent that can then be had and obtained for the same with full Power of Entry Distress and sale for enforcing and Obtaining the Payment of such Rents for the same from time to time and the Incident Charges as Landlords have for the recovery of Rents in Arrear And to Continue to Lett and Sett the same from time to time as aforesaid during the natural Life of my Daughter Ann the Wife of Samuel Wells of Widmore-Pool in the County of Nottingham And to Pay over and apply the Yearly Rents Issues and Profits arising and to grow due and Payable for the same (after deducting and retaining to him and themselves all reasonable Charges and Expences from time to time occasioned relative to the Execution of such Trust And for all such necessary repairs and reparations as my happen to be Wanting in upon and about the Premises, and the Tax called the Kings Land Tax) in Manner following (that is to say)

First in the Payment of the clear Yearly Sum of Twenty Shillings unto the Poor of the Parish of Stathern aforesaid in Manner as the same has heretofore been Payable and Paid

And then the further clear yearly Sum of twelve Pounds of Lawful Money of Great Britain (Part of such Yearly Trust Money arising and to grow due as aforesaid) Thereby Give order and direct to be paid unto my said Daughter Ann the Wife of the said Samuel Wells or unto such Person or Persons as she alone and without her said Husband or any after taken Husband and notwithstanding her Coverture or Bankruptcy of her said Husband or any after taken Husband shall by any Writing or Writings under her hand from time to time direct or appoint for her Sole and separate use and to be at her separate disposal not Subject or liable to the Power or Controul of the said Samuel Wells or to the Payment of any of his Debts and for which her Receipt or acquittance alone (notwithstanding her Coverture or the Bankruptcy of her said Husband or any after taken Husband) shall from time to time be good and sufficient Releases and discharge to my said Trustees or either of them or the Survivor of them his Executors Administrators or Assigns for the Payment of the same And I do hereby Will and direct that the first of such Payments shall be made and begin at the End of Twelve Calendar Months next after my Decease and so to Continue Payable from thence in manner as aforesaid during the Life of her my said Daughter Ann Wells

And as to for and concerning all the residue and remainder of such Trust Money so arising and to grow due as aforesaid until the Death of her my said Daughter Ann Wells and after such Deductions made as aforesaid I hereby Give order and direct to be Paid unto my son Richard Guy his Executors or Administrators to and for his and heir own Proper use and uses

And from and Immediately after the Decease of her my said Daughter Ann Wells all my aforesaid close with the Appurtenances hereinbefore mentioned to be lying and being with the Lordship or Liberty of Stathern aforesaid and to Contain about two Acres And also all those my aforesaid Several Pieces and Parcels of Arable Land ley Ground Meadow Pasture Grass Ground Commons and Common of Pasture with their Respective Appurtenances hereinbefore mentioned to be lying and being dispersedly within the open and unenclosed Lordship Fields Libertys and Commonable Places of Stathern aforesaid and reputed to be and contain Two oxgangs of Land or thereabout I hereby Give and Devise unto the aforesaid John Garton and Robert Garton their Heirs and assigns Upon this further Trust and to and for the further Ends Intents and Purposes hereinafter Mentioned expressed and declared of and Concerning the same (that is to say)

Upon Trust That they the said John Garton and Robert Garton or the Survivor of them or the Heirs of such Survivor shall and do so soon after the Death of her my aforesaid Daughter Ann Wells as Conveniently can be Absolutely Sell and dispose of all the aforesaid Close Lands Hereditaments and Premises with their respective Appurtenances either together or in Parcels to the best Purchaser or Purchasers and for the most Money that can then be had or obtained for the same whose Receipt or Receipts for such Purchase Money shall be good and Sufficient Releases and discharges to such Purchaser or Purchasers for his her or their Purchase Money or for so much thereof for which such Receipts or Receipts shall be so given without such Purchaser or Purchasers being obliged to see to the application of or being Answerable for the Misapplication of such Purchase Money or any Part thereof

And Upon this Further Trust That they the said John Garton and Robert Garton or the Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall forthwith (after such Sale or Sales as aforesaid) Pay apply and dispose of the Monies arising and to be raised as aforesaid and from the Rents Issues and Profits of the aforesaid Hereditaments in the meantime (after deducting their and each of their reasonable Charges and Expences occasioned relative to the Execution of the aforesaid Trust) unto such Person and Persons and in such Proportions manner and form as is hereinafter Mentioned and Expressed (that is to say) as to the sum of four hundred Pounds Part of such Trust money I hereby Give and Bequeath order and direct to be Paid unto and to be Equally divided between and amongst all and every of the Children on the Body of my said Daughter Ann Wells Lawfully Begotten or to be Begotten as shall then be living as well Males and Females share and share alike, and if but one such Child, then and at such time unto such one Child wholly And for want of such Issue Then I hereby Give and Bequeath order and direct the aforesaid Sum of Four Hundred Pounds to be then Paid unto him my said Son Richard Guy his Executors or Administrators to and for his and their own use and uses

And as to for and Concerning all the residue and remainder of such last Mentioned Trust Money (if any) I hereby Give order and direct to be Paid unto him my aforesaid Son Richard Guy his Executors or Administrators Provided always nevertheless And it is my Express mind and Will That in Case my said Son Richard Guy or his Heirs Do and shall within twelve Months next after the Decease of her my said Daughter Ann Wells well and truly Pay or Cause to be Paid unto and equally between and amongst all and every of the Children on the Body of my said Daughter Ann Wells Lawfully begotten or to be begotten as shall be then living and as well Males as Females, or if but one such Child then to such one Child wholly the aforesaid Sum of Four hundred Pounds of Lawful Money of Great Britain Then and in such Case I hereby absolutely Give and Devise All my aforesaid Close with the Appurtenances hereinbefore mentioned to be lying and being with the Lordship or Liberty of Stathern aforesaid and Mentioned to Contain about two Acres And also all those my aforesaid several Pieces and Parcels of Arable Land Ley Ground Meadow Pasture Grass Ground Commons and Common of Pasture with their respective Appurtenances hereinbefore Mentioned to be lying dispersedly within the open and unenclosed Lordship Fields Liberties and Commonable Places of Stathern aforesaid and reputed to be and Contain Two Oxgangs of Land or thereabouts unto him my aforesaid Son Richard Guy and to his Heirs and Assigns forever Any thing hereinbefore contained to the Contrary thereof in any wise notwithstanding

Item all those my several other Pieces and Parcels of Arable Land ley Ground Meadow Pasture Grass Ground Commons and Common of Pasture with their respective Appurtenances lying and being dispersedly within the open and unenclosed Lordship Fields Liberties and Commonable Places of Stathern aforesaid Containing together by Estimation or reputed to be two oxgangs and the one half of one oxgang of Land or thereabout be the same more or less and now in my own Occupation And also all those my several other Pieces and Parcels of arable Land Ley Ground Meadow Pasture Ground Commons and Common of Pasture with their Appurtenances lying and being dispersedly within the open and unenclosed Lordship Fields Liberties and Commonable Places of Plungar aforesaid containing together by Estimation or reputed to be one Oxgang of Land or thereabouts be the same more or less which I lately Bought and Purchased of one William Gibbins and now also in my own occupation I hereby Give and Devise unto my aforesaid Son Richard Guy and to his Heirs and Assigns forever at my Decease Subject nevertheless and Chargeable with the Payment of one Annuity or Yearly Rent charge of Seventeen Pounds of Lawful Money of Great Britain clear of all taxes and other Deductions whatsoever unto my wife Elizabeth Guy for and during the Term of her natural Life and to be Issuing going and Payable out of all and every Part of my aforesaid Lands Hereditaments and Premises last hereinbefore by me Given and Devised unto my said Son Richard Guy his Heirs and Assigns in manner as aforesaid And to be Paid unto her my said Wife by four even and equal Portions in each and every Year and upon those four days or times of Payment (that is to say) The Twenty first day of December, the Twenty fifth day of March, the Twenty fourth day of June and the Twenty ninth day of September The first of such Payments to be made and begin upon such of the said Days as shall next happen after my Decease And in case of non Payment of the same or any Part thereof in manner before mentioned by the Space of twenty days next after any of the aforesaid Days or times of Payment (having been first Lawfully Demanded) That then and so often it shall and may be Lawful unto and for her my said Wife Elizabeth Guy or her Assigns into all and singular the said last Mentioned Lands Hereditaments and Premises (hereby made Chargeable therewith) and into every or any Part thereof to Enter and distrain, and the Distress and Distresses then and there found to Lead Drive Carry away and Impound And the same in Pound to Detain and keep or otherwise to dispose of the same as the Law in case directs unto the said Yearly Rent charge of Seventeen Pounds and all arrears thereof and all Costs and Charges occasioned by reason of non payment of the same shall be fully satisfied and Paid

Item all that my Messuage Cottage or Tenement with the Homestead or Backside Outbuildings and Appurtenances thereunto belonging Situate and being in Plungar aforesaid and now in the Tenure of John Harby I hereby Give and Devise unto my said Wife Elizabeth Guy and her Assigns for and during the Term of her natural Life And from and Immediately after her Decease I hereby Give and devise the same unto him my said Son Richard Guy and to his Heirs and Assigns forever

Item I Give and Bequeath unto my said Wife Elizabeth Guy the Sum of Twenty Pounds of Lawful Money of Great Britain to be Paid to her by my Executor hereinafter named at my Decease and I do hereby declare that the aforesaid Annuity and Legacy so given unto my said Wife as aforesaid shall be in full recompence Barr and Satisfaction of and for all Dower and thirds which she my said Wife may or might claim out of Estates either Real or Personal after my Decease

And my mind and Will is That my aforesaid Trustees nor either or them their or either of their Heirs Executors or Administrators shall not be Answerable or Accountable for any more Trust Money than for what he or they shall Actually Receive and take by virtue of the Trusts hereby in them reposed as aforesaid Nor for the Acts Neglects Receipts Disbursements or Defaults one for the other but each for his own separate Receipt Disbursement neglect or Default only

And Lastly all my ready money monies out at Interest Securities for money and also all my Goods Cattles Chattels and Personal Estate whatsoever and wheresoever I hereby Give and Bequeath unto my aforesaid Son Richard Guy his Executors and Administrators at my Decease Subject nevertheless and Chargeable with the Payment of the aforesaid Legacy of Twenty Pounds to my said Wife And all my Just Debts and Funeral Expences And I do hereby make nominate constitute and appoint my said son Richard Guy Sole Executor of this my last Will

In Witness whereof and that I do her Revoke all former Wills by me made I the said Richard Guy the Father and Testator have to this my Last Will and Testament Contained on five Sheets of Paper set and Put my hand and seal to each Sheet this ninth day of December In the Year of our Lord one thousand seven Hundred and Eighty two

                                                                                                         Richard Guy

This and the Four Preceeding Sheets of Paper were Signed and Sealed by the within named Richard Guy the Father and Testator And by him Published and Declared as and for his last Will and Testament in the Presence of us who have Subscribed our names as Witnesses hereto in the Presence of the said Testator and at his requesting The Several Erazures and Interlineations being all first made

Tho Lewin

John Sumner

Willm Shilcock

Whereas I Richard Guy the Elder of Plungar in the County of Leicester Farmer and Grazier have made and duly Executed my last Will and Testament in Writing bearing Date the Ninth day of December one thousand Seven Hundred and Eighty two Now I do hereby declare this Present Writing to be as a Codicil to my said Will and direct the same to be Annexed thereto and taken as Part thereof

I Do hereby Give and Bequeath unto Robert Garton of Claxton otherwise Long Clawson on the County of Leicester Gentleman and John Garton of Old Dalby in the said County Gentleman the Sum of One Hundred Pounds to be Paid to them or the Survivor of them or the Executors or Administrators of such Survivor Six Months next after my Decease In Manner hereinafter Mentioned Upon this Special Trust and Confidence in them reposed That they the said Robert Garton and John Garton or the Survivor of them or the Executors or Administrators of such Survivor do and shall (so soon afterwards as Conveniently can be) Put and Place the said Sum of One Hundred Pounds out at Interest upon one or more good Security or Securities and in their or one of their own name or names and to Continue the same so out at Interest as aforesaid until my Grandson Richard Wells the Son of my Son in Law Samuel Wells shall have Attained his Age of Twenty one Years And in the Mean time to Pay over and Apply the Interest and Produce of the said Sum of one Hundred Pounds towards the Maintenance and bringing up of him my said Grandson Richard Wells untill such time as aforesaid

And when and so soon as he my said Grandson Richard Wells shall have Attained his said Age of Twenty one Years Then and at such time I hereby Give and Bequeath the said Principal Sum of one Hundred Pounds unto my said Grandson Richard Wells his Executors or Administrators together with all the Interest that shall or may be then due for the same Provided always nevertheless and my Mind and Will is That if my said Grandson Richard Wells shall chance to Dye before he Attains his Age of Twenty one years That then and in such Case I hereby order and direct that the said Robert Garton and John Garton or the Survivor of them or the Executors or Administrators of such Survivor shall Continue the same Trust Money out at Interest until all and every the Child and Children on the Body of my Daughter Ann Wells the Wife of the said Samuel Wells Lawfully Begotten or to be begotten as well Males as Females shall have Attained their Age and Ages of Twenty one years And in the Mean time Pay over and Apply the Interest then due and thereafter to grow due for the same Sum of one Hundred Pounds towards the bringing them up

And when and so soon as they shall all have Arrived at the Age of Twenty one years Then and at such time I hereby Give and Bequeath the said Principal Sum of one Hundred Pounds and all Interest then due for the same unto and to be Equally divided Between and amongst all and every the Children on the Body of my said Daughter Ann Wells  Lawfully Begotten or to be Begotten as shall then be living as Well Males as Females share and share alike

And for want of such Issue Then I hereby Give and Bequeath the said Sum of One Hundred Pounds to be then Paid unto my Son Richard Guy his Executors or Admors And for the true and Just Payment of the said Sum of one Hundred Pounds unto them the said Robert Garton and John Garton or the Survivor of them or the Executors or Administrators of such Survivor I Do hereby charge and make Chargeable all my Personal Estate of what nature or kind soever with the Just and true Payment thereof at the time hereinbefore Limited

In Witness whereof I the said Richard Guy the Father have to this Codicil Contained on two Sheets of Paper Set and Put my hand and Seal to each Sheet this Seventh day of May In the year of our Lord one thousand Seven Hundred and Eighty Five

                                                                                                         Rich Guy

Signed Declared and Published by the said Richard Guy the Father as and for a Codicil to be Annexed to his last Will and Testament and to be taken as Part thereof in the Presence of us

Thos Lewin

Hannah Smith

On the Eighteenth day of March 1786 Richard Guy son of the deceased and sole Executor named in the within written Will was sworn to the due execution hereof and at the same time made Oath that all the Testator’s personal Estate at the time of his death was not worth Six hundred Pounds

                                                                                                         Before me Hen: Hough Surrogate