Hart Richard 1871 of Long Clawson will

Richard Hart of Long Clawson 1871 Will

Leicestershire, Leicester and Rutland Archives DE462/14

This is the last Will and Testament of me Richard Hart of Long Clawson near Melton Mowbray in the County of Leicester Farmer

In the first place I direct that all my just debts funeral and testamentary expenses and the expenses of proving this my Will shall be fully paid and satisfied

I give unto Daughter Frances Hart the sum of Fifty pounds which amount I direct shall be paid into her own individual hands and upon her own separate receipt (notwithstanding she shall have married) within twelve months from and after the death of my dear Wife Mary clear of all Legacy Duty and over and above her (My Daughters) distributive share of and in my Residuary personal Estate hereinafter directed to be divided between her and such of her Brothers and Sisters to the exclusion of her eldest Brother as hereinafter mentioned

I give and bequeath full power and authority to and for my said dear Wife to carry on during her life time my farming business for the benefit of herself absolutely and for that purpose to have the use and enjoyment of all my household furniture articles and other farming implements and effects now being in my present residence and my said farm and premises And also the entire control and management of all my live and dead stock upon the said Farm at Long Clawson aforesaid she my said Wife paying all rent and taxes or other outgoings incidental to the carrying on of the said Farming business

Upon the death of my said Wife I declare that a proper Inventory or account and valuation shall be made of all the live and dead stock and of the furniture and effects then being in and upon my said residence farm and premises by two valuers one to be chosen by my Eldest Son Thomas Hart and the other by the Executor for the time being of this my Will with power for such Valuers in case of disagreement to appoint an Umpire to ascertain and settle the amount of such Valuation and the decision of the Umpire shall be final and I declare that my said Eldest Son Thomas Hart on paying or giving security for the amount of such ascertained Valuation (to be liquidated within twelve calendar months after the death of my said Wife) shall have the option or right (so far as I can express my Will and desire) of taking to and becoming the then future Tenant of the said Farm and premises which I now occupy in as full ample and beneficial manner as possible

In case my said Eldest Son Thomas should decline the option hereby given to him or in the event of his security not being satisfactory then I direct that the whole of the said farming live and dead stock household furniture and all other my personal Estate and Effects not disposed of by my said Wife during her lifetime shall be sold or otherwise realized and converted into money either by public auction or such other ways and means as the Executor for the time being of this my Will shall think proper

And in either event I declare that the net amount of monies resulting from the letting of my said Farm and premises or from any such sale collection and disposal as aforesaid shall after the payment of my said debts funeral and testamentary expenses and Legacy of Fifty pounds and duty thereon go to and be divided equally between and amongst my following Children share and share alike (namely) John Hart, Ann the Widow of George Swain deceased, the said Frances Hart, Mary Brook the wife of Julius Brook of Rochdale Road Manchester Grocer and Tea Dealer and Richard Hart

All the rest and residue (if any) of my personal Estate monies securities for money Chattels and Effects not hereinbefore disposed of I direct to be collected and got in and divided between and amongst my five Children lastly named at the time and in manner aforesaid and to whom I give the same accordingly but nevertheless any benefit arising from the income thereof during my said Wife’s lifetime shall be for her own use absolutely

I declare that the reason why my Eldest Son Thomas is not a Residuary Legatee is because I consider that the option hereby given to him of taking and becoming the future Tenant of my said farm and premises will be more than an equivalent given to any of his Brothers or Sisters under this my Will

I appoint my said dear Wife Mary and Mr James Marriott of Long Clawson aforesaid Executrix and Executor of this my Will and hereby revoking all other Wills by me made do declare this only to be my last Will

In Witness whereof I have hereunto set my hand this 12th day of Oct in the year of our Lord One thousand eight hundred and seventy

                                                                                                         Richard Hart

Signed and declared by the Testator Richard Hart as and for his last Will in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses

JM Swain

George Allen

Proved at Leicester the Twenty sixth day of May 1871 by the Oath of James Marriott one of the Executors to whom Administration was granted Power being reserved of making the like Grant to Mary Hart Widow the other Executor

The Testator Richard Hart was late of Long Clawson in the County of Leicester Farmer and died on the twenty fourth day of October 1870 at Long Clawson aforesaid

Under £450

Extracted by FP Newcome Solicitor Long Clawson