John Haywood of Harby 1885 Will

Leicestershire, Leicester and Rutland Archives DE 462/28

This is the last Will and Testament of me John Haywood the elder of Harby in the County of Leicester Farmer

I devise and bequeath all my real and personal Estate of which I shall died possessed (except my Wardrobe which I bequeath to my daughter Sarah Haywood) unto my son in law Joseph Hourd of Hose in the said County of Leicester Farmer and William Jackson of Eastwell in the same County Farmer and to their heirs executors administrators and assigns respectively Upon trust to sell call in and convert into money the same or such part thereof as shall not consist of money or securities for money and with and out of the money produced by such sale calling in and conversion and with and out of such part of my Personal Estate as shall consist of money to pay my Funeral and testamentary expenses and debts and to divide the net residue of the said moneys (hereinafter called “my residuary trust funds”) unto and equally amongst the following persons (that is to say) my Sons William Haywood, John Haywood, James Haywood and Alfred Haywood and my said Son in law Joseph Hourd and my daughters Mary the Wife of Joseph Shepperson Fanny the wife of Philip Buttery Eliza the Wife of George Buttery and Sarah Haywood but I direct that the sum of One hundred pounds which I have advanced to my said Son in law Joseph Hourd shall be taken into account as part of his share in my said residuary trust funds

Provided always And I hereby declare that if any one of the above mentioned Legatees shall die in my lifetime having a child or children living at my death then and in every such case such last mentioned child or children shall take and if more than one equally between them the share which his her or their parent would have taken of and in my residuary trust funds if such parent had survived me

I appoint the said Joseph Hourd and William Jackson Executors of this my Will and devise to them their heirs and assigns all Estates vested in me as Trustee or Mortgagee in fee subject to the trusts and equities affecting the same respectively but so that the money secured by any Mortgage shall form part of my personal estate

In Witness whereof I have hereunto set my hand this twenty ninth day of November 1881

                                                                                                         John Haywood

Signed and Declared by the above named John Haywood the Testator as and for his last Will and Testament 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

Philip Henry French         )  Clerks to Messrs Latham & New Solrs

Alfred Pywell                     )  Melton Mowbray

This is a Codicil to the above written Will of me the above named John Haywood the Elder

I hereby revoke the appointment of the above named William Jackson as one of the Executors and Trustees of my said Will and I hereby appoint my son in law Robert Cooper of South Witham in the County of Lincoln Farmer and my Son James Haywood to be Executors and Trustees of my said Will in the place of the said William Jackson and to act jointly with the above named Joseph Hourd And I declare that my said Will shall be construed and take effect in all respects as if the names of the said Joseph Hourd Robert Cooper and James Haywood had been originally inserted therein throughout in lieu of the names of the said Joseph Hourd and William Jackson as Executors and Trustees thereof

And in all other respects I confirm my said Will

In Witness whereof I have hereunto set my hand this nineteenth day of August 1884

                                                                                                         John Haywood

Signed and declared by the above named John Haywood the Testator as and for a Codicil to his last Will and Testament 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

Alfred Pywell

William H Julian

Proved at Leicester with a Codicil on the twenty sixth day of September 1885 by the Oaths of Joseph Hourd the Executor named in the Will and Robert Cooper and James Haywood the son the Executors named in the said Codicil to whom Administration was granted

The Testator John Haywood was late of Harby in the County of Leicester Farmer and died on the thirty first day of August 1885 at Harby aforesaid

Personal Estate Gross £124.18.0.  No deduction