Richard Hill of Nether Broughton 1835 Will
Leicestershire, Leicester and Rutland Archives PR/T/1835/104
This is the last Will and Testament of me Richard Hill of Nether Broughton in the County of Leicester Grazier
I give and devise unto the Reverend Edward Manners of Goadby William Whitaker of Frisby Farmer and Thomas Parnam Stone of Barrow All that Messuage or Tenement with the stables yard garden and Hereditaments now in my own occupation Also all the home close in which the said Messuage is built which I purchased of Mrs Frances Sarah Ashby and others And also a Messuage or Tenement and Garden I purchased of William Baker All which said hereditaments now lie together And also the Close of Pasture containing by estimation one acre and a half or thereabouts now in my own occupation and called the Crabtree Close And also all that piece or parcel of Land lying in the Flash [may be Hash] Field containing seventy acres one rood and nineteen perches now also in my own occupation and now divided into six closes and called or known by the several names of the Milking-Close the Crookson Close the Nether Docky-Wong The Upper-Docky-Wong the Nether Flash-Close and Top-Flash-Close All which said Messuages Lands Closes and Premises are situate lying and being in the Parish or Lordship of Nether Broughton and all which (except the said Messuage and Garden I purchased of William Baker) I purchased of Frances Sarah Ashby and others And also the Close or inclosed Ground containing about one acre and an half also situate in the said Parish or Lordship of Nether Broughton and which I lately purchased of John Whitaker
To hold the same unto the said Edward Manners William Whitaker and Thomas Parnam Stone their heirs and Assigns To the uses upon the trusts and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say) To the use of my Grand-daughter Elizabeth the Wife of Thomas Parnam Stone for and during the term of her natural life without impeachment of any manner of waste and from and after the determination of that Estate by any means in her life time To the use and behoof of the said Edward Manners William Whitaker and Thomas Parnam Stone and their heirs during the life of the said Elizabeth Stone in trust to preserve the contingent Remainders hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as the case shall require nevertheless to permit and suffer the said Elizabeth Stone and her assigns to Receive and take the Rents Issues and Profits of the same Premises for her and their own use during her natural life and from and after the decease of the said Elizabeth Stone
To the use and behoof of all and every the child and children of the said Elizabeth Stone lawfully to be begotten equally to be divided between them if more than one share and share alike and they to take as Tenants in common and not as joint tenants and of the several and respective Heirs of the body and bodies of such Child and Children lawfully issuing and in case there shall be failure of Issue of the body or bodies of such child or children then as to the part or share or parts or shares of him her or them whose Issue shall so fail to the sue of the remaining or other of the said Children equally to be divided between or amongst them and they to take as Tenants in Common and not as joint Tenants and to the use of the child or children of their respective bodies lawfully Issuing and in case there shall be a failure of Issue of the bodes of all such children but one or if there shall be but one such one Child then to the use of such remaining or only Child And in default of such Issue to the use and behoof of my two Grandsons John Park and Richard Hill Park their heirs and Assigns for Ever to take the same as Tenants in common and not as joint Tenants
I give and devise unto John Lovitt his Heirs and Assigns two hundred and eighty three yards and a half of Land which has been taken from the Grass Yard Close which I purchased of [blank] Worthington
I give devise and bequeath all and every my Messuages Closes Lands Tenements Hereditaments and Real Estate whatsoever and wheresoever not before by me devised and also all my personal Estate and effects of every kind of which I shall die possessed unto and to the use of the said Edward Manners William Whitaker and Thomas Parnam Stone their Heirs Executors Administrators and Assigns upon the trusts following (that is to say)
In the first place to secure by a charge on a competent part of my residuary Real Estate for my Grandson John Park a clear annuity of Twenty five pounds for his life to be paid quarterly at Christmas Lady-Day Midsummer and Michaelmas the first payment to be made at such of those days of Payment as shall happen next after my death But I expressly declare that such charge or annuity shall be made subject to the condition that my said Grandson shall not sell or anticipate the same and that on his so selling or anticipating the same or entering into any contract for such purpose the said annuity shall cease
I direct my Trustees to make provision for the payment of my debts of every kind and of my Funeral and Testamentary Expences in such way as shall seem most eligible either by applying my personal Estate in the whole or in part or by sale or Mortgage of my Residuary real estate and subject as aforesaid I direct my Trustees to stand possessed of all my Real and Personal Estate so devised and bequeathed to them In trust for my Daughter Anne Park and for my Grandon Richard Hill Park and their Heirs Executors Administrators and Assigns to be equally divided between them share and share alike as Tenants in common and not as joint Tenants And I will and direct that if I shall die before my said Grandson Richard Hill Park shall attain the age of twenty one years my said Trustees and his Mother shall apply a competent part of his moiety of the residuary personal Estate and of the rents of the Real Estate towards his maintenance and education Provided always and I do hereby declare and direct that every Receipt which shall be given by said Trustees or by the survivors or survivor of them or his Heirs Executors or Administrators to the person or persons who shall become the purchaser or purchasers mortgagee or mortgagees of any part of my real Estate for his her or their purchase money or Mortgage money shall effectually discharge such purchaser or purchasers Mortgagee or Mortgagees for so much money as in every such receipts shall be expressed to be received and that after such payment such person or persons taking the same shall not be answerable or accountable for the application of his her or their purchase money or mortgage money or be obliged to enquire whether such sale of sales Mortgage or Mortgages was or were necessary or proper
Provided also and I further direct the said Trustees and their respective Heirs Executors and Administrators shall nowise be answerable for the acts or receipts of each other nor for any loss or damage which may happen in the Execution of the trusts aforesaid without their wilful neglect or default And that it shall be lawful for the said Trustees respectively and their respective Heirs Executors or Administrators to deduct and retain out of the money which shall come to their hands all costs charges and expenses which they may respectively sustain or be put to in the execution of the aforesaid trusts or in relation thereto
And I nominate and appoint the said Edward Manners William Whitaker and Thomas Parnam Stone joint Executors of this my last Will and Testament and I revoke all former Wills by me made
In Witness whereof I the said Richard Hill the Testator have to this my last Will and Testament contained on three sheets of paper set my hand and seal (that is to say) to the two first sheets my hand and to this third and last sheet my hand and seal this twenty eight day of April in the Year of our Lord one Thousand Eight Hundred and twenty nine
Richd Hill
Signed Sealed Published and declared by the said Richard Hill 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
Mary Latham
Sarah Latham
W Latham
This is a Codicil to the last Will and Testament of me Richard Hill of Nether Broughton in the County of Leicester Grazier bearing date the Twenty Eighth day of April One Thousand Eight Hundred and Twenty nine and which I desire may be taken as [word hidden] my said Will
Whereas since the date and execution of my said Will I have purchased of and from the Honorable Philip Pleydell Bouverie of Curzon Street May Fair in the County of Middlesex the fee simple and Inheritance of certain Hereditaments and premises situate at Nether Broughton aforesaid, that is to say, All that Cottage or Tenement with the Yard Garden Outbuildings and Appurtenances thereto belonging situate standing and being in Nether Broughton aforesaid, containing together by Estimation Twenty four perches or thereabouts And also all those two Closes or Grounds inclosed situate lying and being in Nether Broughton aforesaid adjoining together commonly called or Known by the name of Tailors Closes one of them containing by Estimation two Acres and nineteen perches or thereabouts and the other of them containing by Estimation Two Acres two roods and two perches or thereabouts and which said Hereditaments and premises were by Indentures of Lease and Release of the fourteenth and fifteenth days of December Instant duly conveyed to me my Heirs and Assigns
Now I do by this Codicil which I direct may be taken as part of my said Will Give and devise unto the Reverend Edward Manners of Goadby, William Whitaker of Frisby Farmer, and Thomas Parnam Stone of Barrow Grazier, the Trustees named and appointed in my said Will, All that the aforesaid Close containing Two Acres two roods and two perches or thereabouts with the Appurtenances being one of the said two closes in the said Indentures mentioned and called Tailors Closes as aforesaid To hold the same unto the said Edward Manners, William Whitaker and Thomas Parnam Stone their Heirs and Assigns, to such and the same uses, and upon such and the same Trusts, and for such and the same Intents and purposes as in my said Will are mentioned expressed and declared of and concerning the Lands Hereditaments and premises in my said Will first mentioned and described, and thereby devised to my said Trustees to the use and for the Benefit and in Favor of my Granddaughter Elizabeth Stone and her Issue
And as to all that the said Close being the other of the said Closes in the said Indentures mentioned and called Tailors Closes, and stated to contain Two Acres and nineteen perches And Also as to the Cottage and Tenement with the Yard Garden Outbuildings and Appurtenances being the remainder of the property comprised in and so conveyed to me by the said Indenture of Lease and Release of the fourteenth and fifteenth days of December Instant as aforesaid, I give and devise the same and every part thereof unto the said Edward Manners, William Whitaker and Thomas Parnam Stone their Heirs and Assigns To Hold the same Hereditaments and premises with the Appurtenances to such and the same uses, and upon such and the same Trusts, and for such and the same ends, intents, and purposes in all respects, in Trust for or for the Benefit of my Daughter Anne Park and my Grandson Richard Hill Park, their Heirs, Executors, Administrators and Assigns, as are mentioned and declared in and by my said Will with respect to all and every my Messuages, Closes, Lands, Tenements, Hereditaments and real and personal Estate whatsoever and wheresoever not therein by me before disposed of
And I do hereby ratify and confirm my said Will in all respects
In witness whereof I the said Richard Hill the Testator have to this Codicil to my said Will set my Hand and Seal this Eighteenth day of December One Thousand Eight Hundred and Thirty
Richd Hill
Signed sealed published and declared by the said Richard Hill the Testator as and for a Codicil to his last Will and Testament in the presence of us, who in his presence, at his request, and in the presence of each other have hereunto subscribed our names as Witnesses
Richard Dufty ) Clerks to Messrs Lowdham & Freeth
George Sanders ) Solicitors
Henry … Huthwaite ) Nottingham
This is a second Codicil to the Will of me Richard Hill of Nether Broughton in the County of Leicester Grazier
Whereas by my Will hereunto annexed I have given and devised several Messuages or Tenements Closes and Hereditaments in Nether Broughton aforesaid to the Reverend Edward Manners William Whitaker and Thomas Parnham Stone their Heirs and assigns Upon certain Trusts therein … for the benefit of my Grand daughter Elizabeth the Wife of Thomas Parnham Stone and her Children and by a Codicil to my said Will I have given and devised a Close in Nether Broughton aforesaid containing two acres two roods and two perches to the said Edward Manners William Whitaker and Thomas Parham Stone their heirs and assigns Upon the same Trusts for the benefit of my said Grand daughter and her Children And by the said Will and Codicil I have given and devised and bequeathed all the residue of my real Estate and all my personal Estate unto the said Edward Manners, William Whitaker and Thomas Parnham Stone their heirs and assigns upon certain Trusts therein mentioned and I have appointed the said Edward Manners, William Whitaker and Thomas Parnham joint Executors of my Will
Now I do hereby revoke the said devises and give and devise all the Messuages Closes Lands Tenements and Hereditaments first mentioned in my said Will and the said Close I have lately purchased containing two acres two Roods and two perches unto the said Reverend Edward Manners and Thomas Parnham Stone their heirs and assigns To the same uses upon the same Trusts Intents and purposes as are mentioned and expressed in my Will for the benefit of my said Grand daughter and her issue
And I give and devise all other my Messuages Closes Lands Tenements and Hereditaments (except what I have devised to John Lovitt) unto the said Edward Manners and Thomas Parnham Stone their heirs and assigns to be held by them upon the same Trusts and for the same intents and purposes as are mentioned and expressed in my Will as to the residue of my real property
I give and bequeath all my personal Estate and Effects unto the said Edward Manners and Thomas Parnham Stone to be held by them upon the same Trusts as mentioned in my Will
And I appoint the said Edward Manners and Thomas Parnham Stone joint Executors of my said Will intending by the Codicil to confirm my Will and first Codicil in every respect except that I do not wish the said William Whitaker to be a Trustee or Executor thereof
In Witness whereof I the said Richard Hill the Testator have to this Codicil set my hand and seal this nineteenth day of February one Thousand eight hundred and Thirty four
Richd Hill
Signed sealed published and declared by the said Richard Hill the Testator as and for a second 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
John Miller
John Clark
Wm Latham
This is a third Codicil to the Will of me Richard Hill of Nether Broughton in the County of Leicester Grazier
Whereas since making my Will my Daughter Anne Park is dead and my Grandson Richard Hill Park has attained the age of twenty one Years
And whereas part of the Property settled by my Will upon my Grand-daughter Elizabeth Stone is now mortgaged to Mr George Bunney for One Thousand Pounds
Now I do hereby revoke the devise and bequest in my Will and second Codicil of all my Messuages Closes Lands Tenements and Hereditaments devised and bequeathed to Edward Manners and Thomas Parnham Stone their heirs and assigns In Trust to pay my Debts and for my deceased Daughter Anne Park and my Grandson Richard Hill Park and instead thereof I do hereby give and devise all and singular my Messuages Cottages Closes Lands Tenements and Hereditaments situate and being in Nether Broughton aforesaid or elsewhere (except what I have devised by my Will to John Lovitt and by my Will and Codicils for the benefit of Elizabeth Stone and her Children) unto and to the use of my Grandson Richard Hill Park his heirs and Assigns for ever Subject nevertheless to the payment of all my Debts (except the debt of 500£ hereinafter mentioned) whether due on Mortgage or otherwise and my funeral and Testamentary Expences and also subject to the annuity of twenty five Pounds for my Grandson John Park as mentioned in my Will
I give and bequeath all my personal Estate and Effects unto my said Grandson Richard Hill Park subject to the Payment of my Debts as far as it will extend
With respect to the Mortgage to Mr Bunney on my settled property first named in my Will I direct that Five Hundred Pounds of it (and no more) shall remain charged on the Messuage Closes and Hereditaments devised to my Granddaughter and her Children and that the remainder shall be paid by Richard Hill Park out of the residuary real and personal Property above devised and bequeathed to him and be a charge thereon
I appoint my Grandson Richard Hill Park sole Executor of my Will and Codicils hereby revoking the appointment of Executors contained in the second Codicil
In Witness whereof I the said Richard Hill the Testator have to this my third Codicil set my hand and seal this seventh day of May one Thousand eight hundred and Thirty five
Richd Hill
Signed sealed published and declared by the said Richard Hill the Testator as and for a third Codicil to his Will in the presence of us who at his Request in his Presence and in the Presence of each other have hereunto set our Names as Witnesses
Charles Blagden
William Miller
Wm Latham
Decr 8th 1835
Let a Probate be made to Richard Hill Park of Nether Broughton in the County of Leicester Grazier the Sole Executor named in the Will with three Codicils of the deceased who died on the 1st day of August 1835 he having been duly sworn as well to the faithful Execution of the Will as that the said Testator’s Goods Chattels and credits without deducting any Debt due and owing by him therefrom do not amount in Value to the sum of three Hundred Pounds
Before me John S Hallifax Surrogate to the Archdeaconry
12 Decr 1835
Will & Codicils exhibited before the Reverend William Fancourt Clerk and Surrogate and probate decreed to pass the seal to the Executor named in the third Codicil in the presence of
John Stockdale Hardy Registrar
Same day Probate dated
