Henry Hebb of Wysall then Loughborough 1879 Will
Leicestershire, Leicester and Rutland Archives DE 462/22 page 169
This is the last Will and Testament of me Henry Hebb of Wysall in the County of Nottingham Farmer
I appoint John Shepperson of Strelley in the said County of Nottingham Farmer and Samuel White Day of Wysall aforesaid Farmer Executors of this my Will
I devise and bequeath all my hereditaments and real estate (including therein any hereditaments and real Estate which may have been contracted to be sold by me or on my behalf at the time of my decease) and also all my personal Estate unto the said John Shepperson and Samuel White Day their heirs executors administrators and assigns Upon the trusts following (that is to say)
Upon trust to sell call in and convert into money my said personal Estate and upon further trust to carry out and complete any contract or contracts which may have been entered into by me or on my behalf at the time of my decease for the sale of all or any part or parts of my hereditaments and real Estate or to rescind or vary any such contract or contracts upon such terms and conditions and with or without paying or receiving any compensation as the Trustees or Trustee for the time being of this my Will shall in their or his absolute discretion think proper
And upon further trust to make sale and absolutely dispose of all my hereditaments and real Estate (including therein hereditaments and real Estate comprised in any contract or contracts which may be rescinded as aforesaid) either together or in parcels and either by public auction or private contract for such price or prices and in such manner and under and subject to any special or other conditions or stipulations respecting the title or evidence of title as the said Trustees or Trustee for the time being shall think proper and with power for them or him to buy in to rescind or vary any contract or contracts and to resell as and when and as often as they or he may consider advisable and I direct the said Trustees or Trustee for the time being to stand possessed of the money of which I shall be possessed at the time of my decease and of the moneys to arise or be produced or received from the sale calling in and conversion or otherwise from my said real and personal Estates after payment of all expenses and my debts funeral and testamentary expenses Upon the trusts following (that is to say)
Upon trust to pay to William Cross Hebb (illegitimate Son of my late Daughter Elizabeth Hebb) the sum of One hundred pounds free of Legacy duty
To my Son Henry Hebb the sum of Three hundred pounds
To my son John Cooke Hebb the sum of Three hundred pounds
And To my daughter Mary Hebb the sum of Two hundred pounds for her sole and separate use and benefit independent of and not to be subject to the debts control or engagements of any husband with whom she may happen to intermarry and I declare that the receipt of my said Daughter Mary Hebb for the said Legacy or sum of Two hundred pounds shall alone (notwithstanding her coverture) be good and sufficient as a discharge
And in case any of them the said William Cross Hebb Henry Hebb John Cooke Hebb and Mary Hebb shall die either in my lifetime leaving lawful issue living at my decease or after my decease under the age of Twenty one years leaving lawful issue him or her surviving Then Upon trust to pay the Legacy or sum of money hereinbefore bequeathed or directed to be paid to the party or each party (as the case may be) so dying unto such his or her issue equally as tenants in common if more than one according to the stocks and not to the number of individual objects and if but one then unto such one wholly
But in case any of them the said William Cross Hebb Henry Hebb John Cooke Hebb and Mary Hebb shall die either in my lifetime or under the age of Twenty one years as hereinbefore mentioned without leaving such issue as hereinbefore mentioned Then I direct that the Legacy or sum of money hereinbefore bequeath or directed to be paid to the party or parties so dying shall sink into and form part of the ultimate residue of the said trust moneys hereinafter disposed of
And upon further trust to pay the ultimate residue of the said trust moneys (including therein any Legacy or Legacies sum or sums of money hereinbefore bequeathed or directed to be paid which may lapse or not become payable) unto and equally between and amongst my said Son Henry Hebb, my said son John Cooke Hebb and my wife Mary Ann Hebb as tenants in common
But in case my said sons Henry Hebb and John Cooke Hebb or either of them shall die either in my lifetime leaving lawful issue living at my decease or after my decease under the age of Twenty one years leaving lawful issue them or him surviving Then Upon trust as to the part or share parts or shares as well original as accruing of the Son or each Son as the case may be so dying of or in the said residuary Trust moneys for such his issue equally as tenants in common if more than one according to the stocks and not to the number of individual objects and if but one then for such one wholly
And in case either or both of them my said Sons Henry Hebb and John Cooke Hebb shall die either in my lifetime or under the age of Twenty one years as hereinbefore mentioned without leaving such issue as hereinbefore mentioned or in case my said Wife Mary Ann Hebb shall die in my lifetime Then Upon trust as to the part or share parts or shares as well original as accruing of the party or parties so dying of or in the said Residuary trust moneys for the others or other of my said Sons and Wife Henry Hebb John Cooke Hebb and Mary Ann Hebb equally as tenants in common if more than one and if but one then for such one wholly
I empower the Trustees or Trustee for the time being of this my Will to apply the whole or any part of the yearly income of any Legacy or Legacies or sum or sums of money to which any infant legatee or cestui que trust shall be entitled or presumptively entitled under or by virtue of this my Will for or towards his or her maintenance and education or otherwise for his or her benefit during his or her minority
I also impower the said Trustees or Trustee for the time being notwithstanding anything hereinbefore contained to advance and apply to each of my said Sons Henry Hebb and John Cooke Hebb during minority out of the Legacy or other moneys to which he shall be entitled or presumptively entitled under or by virtue of this my Will the sum of one hundred pounds or any less sum in for or towards his advancement or preferment in the world
I empower the Trustees or Trustee for the time being of this my Will to lay out and invest all such moneys as may come into their or his hands or hand or to which they or he shall or may be entitled under or by virtue of this my Will in any of the Public Stocks or funds of Great Britain or upon Government Securities or in the Capital Stock of the Bank of England or in any East India or other Colonial Government Security or Securities or upon mortgages of Messuages lands or Tenements in England or Wales (but not elsewhere) or upon the bonds or debentures of any Railway Dock Canal or other Company in England or Wales incorporated by Act of Parliament and paying dividends for ordinary shareholders of not less than Three per cent on the paid up Capital and to alter and vary the said stocks funds and securities from time to time when and as often and occasion shall require or as it shall be deemed expedient
I declare that the receipt or receipts in writing of the trustees or trustee for the time being of this my Will shall be good and sufficient as a discharge or discharges for all or any sums or sum of money to be paid to them or him under or by virtue of this my Will or upon or for any trusts or purposes herein expressed and that the purchaser or purchasers or other person or persons to or for whom the same shall be given shall not be obliged to see to the application or be answerable for the loss misapplication or nonapplication of the moneys therein respectively expressed to be received or any part thereof
I declare that if the trustees hereinbefore named or either of them or any trustees or trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the trusts of my Will it shall be lawful for the competent accepting trustees or trustee for the time being if any whether retiring from the office of trustee or not or if none for the Executors or Administrators of the last deceased trustee to substitute by any writing under their or his hands or hand any person or persons in whom alone or (as the case may be) jointly with any surviving or continuing trustees or trustee my trust Estate shall be vested and I exempt every trustee of my Will from liability for losses occurring without his own wilful default and authorize him to retain and allow to his Cotrustee all expenses incidental to the trusteeship
I devise all hereditaments and real estates which may be vested in me at my decease as Trustee or Mortgagee unto the said John Shepperson and Samuel White Day their heirs and assigns subject to the trust and equities affecting the same
And Lastly I revoke all former and other Wills by me at any time heretofore made
In Witness whereof I the said Henry Hebb the Testator have to this my last Will and Testament contained in or written upon four sheets of paper subscribed my hand this Seventeenth day of October one thousand eight hundred and sixty six
Henry Hebb
Signed and published by the said Henry Hebb the Testator as and for his last Will and Testament in the presence of us who being both present at the same time have at his request in his presence and in the presence of each other subscribed our names as Witnesses (the words “or any less sum” between the ninth and tenth lines from the top of the third sheet having been interlined before the execution hereof)
Henry Thurman Clerk to Messrs Percy Goodall & Brown Solicitors Nottingham
JT Brown Solicitor Nottingham
At Leicester on the Twenty first day of February 1879 Administration (with the Will annexed) of the Personal Estate of Henry Hebb formerly of Wysall in the County of Nottingham Farmer and late of Loughborough in the County of Leicester Innkeeper deceased who died on the Eighteenth day of July 1870 at Leicester in the said County of Leicester was granted to Mary Ann Hebb Widow, the Relict, one of the Residuary Legatees named in the said Will she having been first sworn John Shepperson and Samuel white Day the Executors and Universal Legatees in trust named in the said Will having respectively survived the said deceased and died without having taken upon themselves the Probate and Execution of the said Will
Under £300