John Hardy of Harby 1858 Will
Leicestershire, Leicester and Rutland Archives DE 462/1
This is the last Will and Testament of me John Hardy of Harby in the County of Leicester Yeoman
First I will that all my just debts be paid
And I give and bequeath unto my dear Wife Elizabeth Hardy and her assigns All and singular my Household Goods and Furniture Live and dead Stock personal Estate and effects whatsoever and wheresoever subject to the payment of my just debts Funeral and Testamentary Expences
Also I give and devise unto Thomas Lamin of Harby aforesaid Miller and Edward Wright of the same place Canal Surveyor their heirs and assigns All that my Close of land and all other my real Estate situate at Harby aforesaid or elsewhere in the County of Leicester (subject to the Mortgage or any other Incumbrances affecting the same) Upon the Trusts and for the Intents and Purposes following (that is to say)
Upon Trust either to let the same or to manage and carry it on for the use and benefit of my Wife the said Elizabeth Hardy and her assigns and to pay and hand over the rents and profits thereof after payment of the interest of the mortgage or Incumbrances affecting the same to the said Elizabeth Hardy and her assigns for and during the term of her natural life
And subject thereto Upon Trust that they my said Trustees or the survivor of them his heirs executors or administrators shall and do as soon as conveniently may be after her decease absolutely sell and dispose of my said close real Estate and premises either by public auction or private Contract for the most money and best price that can be reasonably had or gotten for the same And upon receipt of such purchase money Upon Trust to convey the Hereditaments and premises which shall be so sold to and for such Uses Estates Intents and Purposes and in such manner as the person or persons purchasing the same shall direct or require And for facilitating the sale of my said real Estates I do hereby will direct and declare that the receipt or receipts of my said trustees or the survivor of them or his heirs executors or administrators under their or his hands or hand shall be sufficient and effectual discharges for the purchase money of the said hereditaments and premises or any part thereof and that the person or persons paying the same his her or their heirs executors administrators or assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication thereof or of any part thereof
And I direct that my said trustees or the survivor of them his heirs executors or administrators shall stand possessed of and interested in all and singular the monies to arise by such Sale or Sales and by the rents issues Produce and profits of the said hereditaments and premises respectively in the meantime and until the same shall be so sold
Upon Trust in the first place to pay off and discharge all Mortgages and other incumbrances affecting the same And then Upon Trust to pay distribute and divide the said principal Trust monies with its accumulations if any together with any portion of my personal Estate that may be remaining and undisposed of at the time of my Wife’s decease unto and amongst my son William Hardy my daughters Mary the wife of William Wheat Hannah Hardy Sarah the Wife of Samuel Furmidge Elizabeth Hardy and Ann Hardy and my Grandson William Hardy son of my said daughter Sarah Furmidge in equal proportions share and share alike with Benefit of survivorship between them as well of accruing as original shares in case of the death of any of them without issue before their shares therein respectively shall become payable as aforesaid
But in case of the death of any of them the said William Hardy Mary Wheat Hannah Hardy Sarah Furmidge Elizabeth Hardy Ann Hardy and William Hardy in my lifetime or before the shares respectively of any of them so dying shall become payable leaving any child or children him her or them surviving I direct that such child or children shall be entitled to such estate share and interest therein as his her or their Parent or respective parents would have been entitled to in case he she or they had not been then dead and to be paid to such children respectively as and when they shall attain their respective ages of twenty one years or sooner for their preferment or advancement in the world at the discretion of my Trustees or Trustee for the time being
And I hereby declare it to be my will that it shall and may be lawful for my said Trustees their executors and administrators by and out of the said Trust monies and premises and the interest Produce and profits thereof to deduct and retain to themselves in the first place All such costs charges damages and expences as they or any of them shall necessarily bear pay expend or be put unto on account of the Trusts hereby in them reposed or in the defence or execution thereof or in anywise relating thereto
And also that they my said Trustees respectively their executors or administrators shall not be answerable or accountable for any more of the said trust monies or Premises than what shall actually come to their hands respectively under or by virtue of this my Will not one of them for the others or other of them nor for the acts Deeds defaults or receipts of the others or other of them but each of them with or for his own proper acts deeds defaults or receipts only (their joining in receipts for conformity only notwithstanding) nor with or for any involuntary loss or damage that shall or may happen to the said Trust monies and premises or any part thereof nor for any Banker Broker or other person in whose hands the same or any part thereof may be deposited for safe custody
And I do hereby nominate constitute and appoint the said Thomas Lamin and Edward Wright Executors of this my Will Upon the Trusts aforesaid
And Lastly revoking all former Wills by me at any time theretofore made I do publish and declare these three sheets of paper written on one side only and each of them signed by me to be and contain my last Will and Testament this thirteenth day of September in the year of our Lord One thousand eight hundred and fifty three
John Hardy
These three sheets of paper written on one side only were each of them signed by the said John Handy the Testator and were by him published and declared as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our Names as Witnesses thereto
A Nichols Widow Melton Mowbray
Rob Hy Johnson Solicitor Grantham
This is my last Will and Testomnly [sic] to give to Elizabeth Hardy my Daughter all the House and furniture at her Mother’s Death
J Hardy
B Pick
C Greenwood
In Her Majesty’s Court of Probate The District Registry of the Counties of Leicester and Rutland In the Goods of John Hardy deceased
We Benjamin Pick of Harby in the County of Leicester Labourer Charles Greenwood of Harby aforesaid Labourer Elizabeth Hardy of the same place Widow and Elizabeth Hardy of the same place Spinster Make Oath as follows
And first we the said Benjamin Pick and Charles Greenwood for ourselves make oath that we are the subscribing witnesses to the Codicil to the Will of the said John Hardy late of Harby in the County of Leicester yeoman deceased such Codicil being written on the back of the third sheet of the said Will and being now hereunto annexed and bearing no day that the said Testator executed the said Codicil by acknowledging his signature thereto in the presence of us both being present at the same time and we thereupon attested and subscribed the said Codicil in the presence of the said Testator and of each other That the said Testator so executed the said Codicil about a fortnight before his death which happened on the thirty first day of October one thousand eight hundred and fifty five but we are unable to state the precise date
That the Deponents Elizabeth Hardy now the Widow and Elizabeth Hardy Spinster the daughter of the said deceased were present at the time of such execution and no other person
And we the said Elizabeth Hardy Widow and Elizabeth Hardy Spinster for ourselves make oath that we were present on the occasion of the said Testator executing his said Codicil as above deposed to but we are also unable to state more particularly the precise date of such execution
B Pick
C Greenwood
E Hardy
E Hardy
Sworn by the said Benjamin Pick Charles Greenwood Elizabeth Hardy Widow and Elizabeth Hardy Spinster at Harby in the County of Leicester on this seventh day of July 1858
Before me FP Newcome
A Commissioner to Administer to administer Oaths
in Chancery in England
Proved 13th July 1858 by the Oath of Thomas Lamin the surviving Executor to whom was granted execution
Sworn under £50 and that the Testator died on or about the 31st day of October 1855
