David Hawley of Old Dalby then Syston then Leicester 1869 Will
Leicestershire, Leicester and Rutland Archives, DE 462/12 page 57
This is the last Will and Testament of me David Hawley of Syston but late of Old Dalby Leicestershire Farmer
I give and devise all that my Messuage Closes and Real Estate at Somerby in the County of Leicester unto my Brother in law William Parker and my friends Thomas Rathbone Warner of Leicester Ironmonger and William Stubbs of Launde Leicestershire Farmer (hereinafter called my Trustees) and to their heirs and assigns Upon trust to sell the same at such time and in such manner and subject to such special or other Conditions of Sale as shall be deemed by them prudent and apply the Purchase money arising therefrom in the same manner as I shall hereinafter direct as to my personal Estate
I give and bequeath all my money and all other my personal Estate of every description to my said three Trustees And I direct that my said Trustees or the Survivors or Survivor of them or the Trustee or Trustees to be appointed under the Provision hereinafter containd shall stand possessed of the money to arise from my said real and personal Estate as follows vizt to pay my Debts Funeral and Testamentary Expences and to place out at Interest clear of Legacy Duty the Sum of Five Hundred Pounds & invest the same on real or Government Securities or on Guaranteed or Preference Railway Stock or Debentures on good Lines paying a Dividend and authorized to borrow money by Act of parliament and upon Trust to pay the Interest or Dividends thereof to my Brother John during his life and upon trust after his death to pay and divide the principal or capital equally amongst the four children of my deceased Sister Maria Parker and the three children of my said Brother John as shall be living at the time of John’s death in equal Shares per capita And I direct that the said Interest or Dividends shall be paid into the hands of my said Brother John that his receipt only shall be a good discharge for the same and that he shall have no power to sell assign or mortgage the said Interest or Dividends And that on his attempting to do so or becoming Bankrupt or taking the benefit of any Insolvent Act the said principal shall then be divided amongst my said seven Nephews and Nieces
And as to the residue of the money to arise from real and personal estate I direct the same to be divided into two equal parts or Moieties And that one moiety shall be divided equally between my seven Nephews and Nieces the children of my said Sister Maria and the children of my said Brother John and that the other Moiety shall be divided equally between such of the children of my deceased Brother William as shall be living at my death
And I direct that if and when any of my said Trustees shall die or become unwilling or unable to act in the Execution of the aforesaid Trusts it shall and may be lawful for the surviving or continuing Trustees or Trustee to appoint a fresh Trustee or Trustees as occasion shall require and that after such appointment the said Trust Estate and Trust Monies shall vest in the old and new Trustees and that the new Trustee or Trustees shall be entitled to all the Powers and authorities as are hereby given to the Trustees hereby appointed And I appoint the said William Parker & Thos Rathbone Warner and William Stubbs Executors of this my Will
Witness my hand this 11th day of November 1866
David Hawley
Signed and published by the said David Hawley the Testator as his last Will 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 the words “equally between” having been erased with a pen at the bottom of the second page before execution
James LeButt Schoolmaster Syston
Wm Latham Solr Melton Mowbray
This is Codicil to the last Will and Testament of me David Hawley now of Leicester Gentleman
I direct that the sum of five hundred pounds mentioned in my Will shall after the decease of my Brother John go and be divided as follows (that is to say) to my nephews William Parker and David Parker and to my Niece Elizabeth Parker Fifty Pounds each to my Niece Mary Ann Wilkinson One hundred and forty pounds to my Niece Maria Hitchman One hundred pounds to my Niece Jane Branston Sixty Pounds and to my Nephew David George Hawley Fifty pounds
And whereas I have by my Will appointed Thomas Rathband [sic] William Stubbs and [blank] Williamson to be Trustees and Executors thereof Now I hereby revoke the appointment of [blank] Williamson as a Trustee and Executor and do declare it to be my Will and desire to appoint the said Thomas Rathband Warner and William Stubbs as my Trustees and Executors alone and that my Will shall be read and construed as if the name of the said [blank] Williamson had been omitted from my Will And I give to each of my Executors a legacy of ten pounds as an acknowledgment for their trouble
And I hereby confirm my Will in all respects except as hereby altered
In Witness whereof I have to this Codicil set my hand this Twenty third day of October One thousand eight hundred and sixty eight
David Hawley
Signed published and declared by the said David Hawley the Testator as and for a Codicil to his last Will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Alfred Paget Solicitor Leicester
William Weston Butcher Leicester
Proved at Leicester with a Codicil the twenty ninth day of January 1869 by the Oaths of Thomas Rathband (in the Will written Rathbone) Warner and William Stubbs two of the Executors named in the Will to whom Administration was granted, William Parker the other Executor and one of the Universal Legatees in trust named in the said Will having renounced the Probate and execution of the said Will and Codicil
The Testator David Hawley was late of Leicester in the County of Leicester Gentleman and died on the twenty third day of October 1868 at Leicester aforesaid
Under £450
