John Hawley of Ab Kettleby 1805 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1805
Extracted from the Registry of the Archdeaconry Court of Leicester
This is the last Will and Testament of me John Hawley of Eye Kettleby in the Parish of Melton Mowbray in the County of Leicester Grazier made this ninth day of March in the year of our Lord one thousand eight hundred and five as follows (that is to say)
In the first place I give and devise unto my son William Hawley and his heirs all that my Close or Ground inclosed situate lying and being in Eye Kettleby aforesaid containing by survey thirty acres two roods and twenty seven perches or thereabouts called or known by the name of the High Field formerly in the tenure or occupation of John Sharpe but now in my own occupation and which is bounded on the north by the turnpike Road bearing from Melton Mowbray aforesaid to Leicester And also all that close or inclosed Meadow Ground situate lying and being in Eye Kettleby aforesaid and adjoining to the before mentioned Close on the West side thereof and containing by Survey one acre three roods and eleven perches or thereabouts in my own occupation And also all and all manner of Tythes Tenths Oblations and obventions whatsoever coming increasing or arising from by or out of the said two Closes or Grounds inclosed or either of them or any part or parts thereof with their and every of their rights members and appurtenances To hold the same Closes Tythes and premises unto my said Son William Hawley his heirs and assigns for ever
Also I give and devise unto my Son Robert Hawley and his heirs all that my Close or Ground inclosed situate lying and being in Eye Kettleby aforesaid containing by Survey thirty acres one rood and twelve perches or thereabouts also called or known by the name of the High Fields and formerly in the tenure or occupation of [blank] Birstal afterwards of William Holwell and now in my own occupation and which is bounded on the North by the before mentioned Close or Ground inclosed called the High Field so as aforesaid devised to my said Son William Hawley And also all that other Close or grounds inclosed of meadow Land adjoining to the last described Close on the West Side thereof and containing by Survey two acres two roods and twenty two Perches or thereabouts now also in my own occupation And also all and all manner of Tythes Tenths Oblations Obventions whatsoever coming increasing or arising by from or out of the said two last mentioned Closes or either of them or any part thereof with their and every of their rights members and appurtenances To hold the same two several last described Closes and Tythes with the appurtenances unto my said Son Robert Hawley his heirs and assigns forever
Also I give and devise unto my Daughter Elizabeth Hawley all those two several Closes or Grounds inclosed situate in Eye Kettleby aforesaid the Northernmost containing by survey six acres one rood and twenty one perches or thereabouts and the Southernmost containing by survey six acres or thereabouts now also in my own occupation and commonly called or known by the name of the Hog Closes And also all and all manner of Tythes Tenths Oblations and Obventions whatsoever coming increasing or arising by from or out of the said two last described Closes called the Hog Closes or either of their or any part thereof with their and every of their rights members and appurtenances To hold the same Closes called the Hog Closes with the Tythes thereof and the Appurtenances unto my said Daughter Elizabeth Hawley her heirs and assigns forever
And whereas my Brother in Law Thomas Blower late of Melton Mowbray aforesaid Grazier deceased in and by his last Will and Testament in Writing bearing date the fourteenth day of May which was in the year of our Lord one thousand seven hundred and ninety nine after reciting that in and by a certain Indenture of Mortgage bearing date the eighth day of April which was in the year of our Lord one thousand seven hundred and ninety seven and made between him the said Thomas Blower of the first part and William Sisson of Barrow in the Parish of Cottesmore in the County of Rutland Gentleman of the other part In consideration of the sum of one thousand and seven hundred Pounds paid by the said William Sisson He the said Thomas Blower did grant bargain sell and demise unto the said William Sisson his executors administrators and assigns all those two Closes or Grounds inclosed situate in Eye Kettleby aforesaid containing together twelve acres and twenty four perches or thereabouts formerly one and called or known by the name of the Hay Meadow but since called the ma…y Dike Closes And also all that other Close or Ground inclosed situate in Eye Kettleby aforesaid and containing one acre two roods and twenty three perches called or known by the name of the Pingle And also all that other Close or Ground inclosed situate in Eye Kettleby aforesaid containing twenty nine acres one rood and thirty five perches or thereabouts called or known by the name of the High Field And also all that other Close or Ground inclosed situate in Eye Kettleby aforesaid and containing twenty five acres two roods and twenty seven perches or thereabouts called or known by the name of the High Fields and also all and all manner of Tythes Tenths Obventions and oblations whatsoever coming increasing or arising from by or out of the said Closes or any part thereof with the appurtenances To hold unto the said William Sisson his executors administrators and assigns for the term of five hundred years under a pepper corn rent subject to a proviso for redemption of the same upon payment to the said William Sisson his executors administrators and assigns of the said sum of one thousand and seven hundred Pounds and Interest for the same as therein mentioned did give and devise his brothers in Law myself and John More and our heirs all and singular his said several Closes or Grounds inclosed and Tythes hereditaments and Premises situate in Eye Kettleby aforesaid and mentioned and described in the said recited Indenture or Mortgage subject to the said Mortgage together with other Lands To hold unto us the said John Hawley and John More and our heirs during the natural life of his Wife Catherine Blower In trust to pay and apply the rents issues and profits thereof as the same should become due in the first place in paying the Interest of the said sum of one thousand and seven hundred Pounds so charged thereon as aforesaid and such debts as his personal estate should fall short in paying And then upon the further trusts therein mentioned And from and immediately after her decease did give and devise the same subject as aforesaid unto my Children his nephews and nieces John Hawley Thomas Hawley Mary Hawley Robert Hawley William Hawley and Elizabeth Hawley the sons and Daughters of his Sister Mary Hawley deceased their heirs and assigns forever to take as tenants in common and not as joint tenants
And whereas the said Catherine Blower afterwards departed this life in the lifetime of the said Thomas Blower and the said Thomas Blower is since dead without leaving any issue him surviving whereupon the said several Closes hereditaments and premises are now become vested in my said Sons and Daughters the said John Hawley Thomas Hawley Mary Hickman late Mary Hawley William Hawley Robert Hawley and Elizabeth Hawley their heirs and assigns by virtue of the limitations contained in the said last Will and Testament of the said Thomas Blower deceased subject to the repayment of the said Sum of one thousand and seven hundred Pounds his personal property not being sufficient to discharge the same
And Whereas by Indenture bearing date the [blank] day of April which was in the year of our Lord one thousand eight hundred and three and made or mentioned to be made between the said William Sisson of the one part and me the said John Hawley of the other part after reciting the said recited Indenture of Mortgage It is witnessed that in consideration of the sum of one thousand and seven hundred pounds to the said William Sisson paid by myself the said William Sisson did bargain sell assign transfer and set over unto me the said John Hawley all the said Mortgaged Messuages premises with the appurtenances To hold to me my executors administrators and assigns for all the remainder of the said term of five hundred years then to come subject nevertheless to such proviso power or equity of Redemption by the said John Hawley Thomas Hawley Mary Hawley William Hawley Robert Hawley and Elizabeth Hawley and their heirs as in the said recited Indenture of Mortgage is expressed
And whereas my Will and desire is that the said Mortgaged estate should be sold and disposed of by public Auction as soon as my Daughter the said Elizabeth Hawley shall attain her age of twenty one years by my brother in Law John Moore of Long Clawson in the County of Leicester and Richard Inett of Melton Mowbray aforesaid Gentleman or the Survivor of them either together or in lots as they shall think best for the benefit of my said Sons and Daughters the said John Hawley Thomas Hawley Mary Hickman William Hawley Robert Hawley and Elizabeth Hawley and the purchase Monies after deducting the necessary expences attending such sale divided equally between all my said Children Now therefore for the purpose of inducing my said Sons and Daughters to comply with my said desire I do hereby declare my Will to be and do direct accordingly that in case my said Sons and Daughters shall agree to and make do and execute all and every act and acts Deeds Conveyances and assurances in the Law whatsoever which shall be necessary to carry into effect my intention respecting the sale of the said several Closes so in Mortgage as aforesaid that then and in such Case but not otherwise I give and bequeath unto all my said Sons and Daughters the remainder of the said Sum of one thousand and seven hundred Pounds so secured upon mortgage of the said several Closes or Grounds inclosed or intended to be sold equally to be divided between them share and share alike after deducting thereout such sum and sums of Money as will reimburse the said John Moore an Richard Inett and their heirs all the Costs charges and expences they shall have incurred or been put unto in compleating or attempting such sale or sales as aforesaid and do direct that my executor hereinafter named shall in that case assign over the said term of five hundred years therein which will vest in them by virtue of this my will to the purchaser or purchasers of the premises therein comprised or to whom such purchaser or purchasers shall appoint but in case any or either of my said Sons or Daughters the said John Hawley Thomas Hawley Mary Hickman William Hawley Robert Hawley and Elizabeth Hawley shall refuse upon being thereto requested by the said John Moore and Richard Inett or either of them or their heirs for that purpose to make do and execute any act deed conveyance or assurance in the Law whatsoever that shall be necessary for effecting and completing such sale or sales as aforesaid Then my will is and I do hereby give and bequeath the said sum of one thousand and seven hundred Pounds subject to such deductions for expences as foresaid unto such of my said sons and daughters as shall be ready and willing to make do and execute all such acts deeds conveyances and assurances in the Law matters and things as shall be required of them by the said John Moore and Richard Inett or either of them or their heirs for effecting and compleating such sale or sales as aforesaid equally to be divided between such of my said Children only share and share alike
And as to all the rest residue and remainder of my monies securities for Monies household Goods furniture plate linnen china ware Goods chattels and personal estate whatsoever and wheresoever (subject nevertheless to the Payment of all my just debts) and particularly my promissory note of Hand to my son in Law John Hickman for five hundred Pounds which I gave to him as a marriage Portion with my Daughter Mary (and funeral expences and the charges of proving his my Will) unto my said Sons William Hawley and Robert Hawley their executors administrators and assigns to and for their own use and benefit
And I do hereby nominate constitute and appoint my said Sons William Hawley and Robert Hawley joint executors of this my Will hereby revoking all former Wills by me at any time heretofore made
And I do hereby also appoint my said Brother in Law John Moore and the said Richard Inett Guardians of my said Daughter Elizabeth Hawley
In Witness whereof I the said John Hawley the testator have to his my last Will and Testament contained in four sheets of Paper set my hand to the three first sheets and my hand and seal to this last sheet the day and year first above written
John Hawley
Signed sealed published and declared by the said John Hawley the testator as and for his last Will and testament in the presence of us who in his presence and in the presence of each other have subscribed our names as Witnesses thereto
Ann Bradsworth
Richard Morrison
Saml Caldecott
This is a Codicil to the last Will and Testament of me John Hawley of Eye Kettleby in the Parish of Melton Mowbray in the County of Leicester Grazier bearing date the ninth day of this Instant March which I desire may be taken and considered as a part of my said Will and I do hereby give and bequeath unto the said John Moore named in my said Will and Hugh Durance of Melton Mowbray aforesaid Grazier their Executors and administrators the sum of fifty Pounds Upon trust nevertheless and to the Intent and purpose that they or the Survivor of them or the executors or administrators of such Survivor shall and do within three Months next after my decease place the same out at Interest in their names and upon such Government or other Security as they shall think safe and shall continue the same out at Interest during the Minority of Elizabeth Freer the Daughter of my late Wife Elizabeth Hawley deceased by her first husband And my Will is and I do hereby direct that the Interest of the said sum of fifty Pounds shall from time to time as the same shall become due be paid and applied by my said trustees for and in the education and maintenance of the said Elizabeth Freer And when the said Elizabeth Freer shall have attained her age of twenty one years Then my Will is that my said trustees shall pay the said Sum of fifty Pounds unto the said Elizabeth Freer to and for her own use and benefit But in case the said Elizabeth Freer shall happen to depart this life before she shall attain her said age of twenty one years Then my Will is that my said trustees shall pay the said sum of fifty Pounds unto my Sons William Hawley and Robert Hawley equally to be divided between them
Also I give unto the said Elizabeth Freer all the Cloths household Goods and furniture which belonged to her late Mother the said Elizabeth Hawley deceased to and for her own use and benefit And my will and meaning further is that the said John Moore and Hugh Durance or the Survivor of them or the executors or administrators of such survivor shall not be answerable or accountable for any Moneys to be by them or either of them placed out or continued at Interest that may be lost unless it be through their or his own wilful neglect or default And that my said trustees shall not be answerable or accountable the one for the other or for the acts, receipts neglects or defaults of the other of them but each of them only for his own acts receipts neglects and defaults
And I do hereby nominate and appoint the said John Moore and Richard Inett of Melton Mowbray aforesaid Gentleman joint executors of my said Will with my Sons the said William Hawley and Robert Hawley
And I do hereby further express my desire to be, that my son John Hawley shall if he pleases occupy the two Closes late belonging to my brother in Law the said Thomas Blower deceased through which the foot road from Melton Mowbray to Guadalope passes at such rent as the said John Moore and Richard Inett shall set upon the same until my youngest Daughter shall attain her age of twenty one years and to enable him to stock the same my will is that they the said John Moore and Richard Inett shall be at liberty if they think it right so to do out of my personal estate to advance and lend my said Son John Hawley such sum of Money as they shall think requisite upon his executing a bond for the repayment thereof to his brothers the said William Hawley and Robert Hawley with Interest for the same after the rate of five Pounds for one hundred Pounds by the year and that he shall be entitled to employ such sum of Money in the occupation of the said Closes during the Minority of my said youngest Daughter in case he shall so long continue in the possession of the said Closes And the said John Moore and Richard Inett shall approve of his management and think the Money safe in his hands
And I do hereby ratify and confirm my said Will in every respect not altered by this my Codicil thereto which my desire is shall be annexed thereto and taken as a part thereof
In Witness whereof I have to this my Codicil to my said Will contained in two sheets of Paper set my hand to the first sheet and my hand and seal to this last sheet this eleventh day of March one thousand eight hundred and five
John Hawley
Signed sealed published and declared by the said John Hawley as and for a Codicil to his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as Witnesses thereto
Ann Bradsworth
Thomas Woodcock
Saml Caldecott
This is a second Codicil to the last Will and Testament of me John Hawley of Eye Kettleby in the Parish of Melton Mowbray in the County of Leicester Grazier bearing date the ninth day of this Instant March which I desire may be taken and considered as a part of my said Will
Whereas by my first Codicil to my said Will bearing date the eleventh day of March instant I expressed my desire to be that my Son John Hawley should occupy to two Closes late belonging to my brother in Law Thomas Blower deceased through which the foot road from Melton Mowbray to Guadalope passes at such rent as my trustees John Moore and Richard Inett should set upon the same untill my youngest Daughter Elizabeth Hawley should attain her age of twenty one years And to enable him to stock the same my will was expressed to be that the said John Moore and Richard Inett should be at liberty out of my personal estate to advance and lend my said Son John Hawley such sum of Money as they should think requisite upon his executing a bond for the repayment thereof to his brothers William Hawley and Robert Hawley with Interest as is therein mentioned and that he should be entitled to employ such sum of Money in the occupation of the said Closes during the Minority of my said youngest Daughter in case he should so long continue in the possession of the said Closes And the said John Moore and Richard Inett should approve of his management and think the money safe in his hands
Now I do hereby express my desire to be that no part share or interest of or in the estate at Eye Kettleby aforesaid late Thomas Blowers shall be sold or disposed of by any or either of my said Children until my said youngest daughter shall attain her age of twenty one years And in case any or either of my children shall sell or dispose of his her or their share or interest of or in the said Estate otherwise than is mentioned and expressed in my said Will Then my will is and I do hereby direct that he she or they of my said Children who shall so sell or dispose of his her or their share or shares in the said estate shall forfeit and lose his her and their share and shares of the said sum of one thousand and seven hundred Pounds so secured thereon upon Mortgage as mentioned in my Will and that the same sum shall be divided equally between such of my said Children as shall comply with my request of selling my said estate when my youngest Daughter comes of age under the direction of my said trustees John Moore and Richard Inett
And my Will further is that my said Son John Hawley shall be at liberty to occupy the whole of the said Estate situate at Eye Kettleby aforesaid late the said Thomas Blowers at such rent as my said trustees John Moore and Richard Inett shall set upon the same during the Minority of my youngest Daughter And that the said John Moore and Richard Inett shall be at liberty out of my personal estate to advance and lend my said Son John Hawley such sum of Money as they shall think requisite to enable him to stock the said Estate upon his executing a bond to them in the common form for the repayment thereof with interest after the rate of four pounds for one hundred Pounds by the year
And my will is my said Son John Hawley shall be entitled to employ such sum of Money in the occupation of the said Estate during the Minority of my said youngest Daughter In case the said John Moore and Richard Inett shall approve of his management and conduct and think the Money safe in his hands but not otherwise and my Will is that the said John Moore and Richard Inett and the Survivor of them and the Executors and Administrators of such Survivor shall pay the Interest of such sum of Money so to be secured by Bond as aforesaid unto my sons Robert Hawley and William Hawley equally to be divided between them from time to time as they my said trustees shall receive the same and when the principal Sum so to be secured by Bond as aforesaid shall be called in either upon my youngest daughters attaining her age of twenty one years or before my Will is that the same shall be paid to my said sons Robert Hawley and William Hawley to and for their own use and benefit
And I do hereby ratify and confirm my said Will and former Codicil in every respect not altered by this my Codicil and my Will is that the Interest of the said sum of one thousand seven hundred Pounds so secured upon Mortgage of my said late Brother in Law Thomas Blowers Estate shall be divided between all my Children untill the sale of the said Estate
In Witness whereof I have to this my second Codicil to my said Will set my hand and seal this thirteenth day of March one thousand eight hundred and five
John Hawley
Signed sealed published and declared by the said John Hawley as and for a Codicil to his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as Witnesses thereto
Hugh Durance
Ann Bradsworth
Saml Caldecott
Proved 31st October 1805 before the Rev Thos Ford Clerk Surrogate &c upon the oaths of John Moore and Richard Inett two of the Executors to whom was granted Execution &c having been first sworn duly to administer &c
Power reserved of making the like Grant to Wm Hawley & Robert the other Executors when they or either of them should apply for the same (sworn under £5,000)
This is a true Copy of the Original being examined therewith by me
Wm Harrison Depy Regr
29 August 1815
