Eleanor Hind of Long Clawson 1806
Leicestershire, Leicester and Rutland Archives PR/T/1806/109
In the Name of God Amen This is the Last Will and Testament of me Eleanor Hind of Claxton otherwise Long Clawson in the County of Leicester Spinster
In the first place I direct all my just Debts funeral and testamentary Expences to be paid and satisfied
I Give and bequeath to each of my Nephews and Nieces Henry Hind William Hind Richard Brown Henry Brown Ann Pitman and Sarah Man the sum of Twenty pounds of lawful money of Great Britain to be paid at the End of six calendar Months after my Decease
I give to my Nephew Thomas Mottershaw Esquire one Guinea for a Ring and Robert Goodacre of Claxton otherwise Long Clawson aforesaid Schoolmaster one Guinea for a Ring
I Give and bequeath unto my Niece Mary Hind Daughter of my Brother James Hind all my Household Goods China Linen Plate Trinkets and Wearing Apparel for her own use and Benefit
And all the rest residue and remainder of my personal Estate and Effects whatsoever after payment of my said Debts and Legacies I Give and bequeath unto my said Niece Mary Hind and my Nephew James Hind son of my said Brother James Hind to be equally divided between my said Nephew and Niece as tenants in Common and to be paid assigned or delivered to them respectively at their respective ages of Twenty one years and in case both or either of them my said Nephew and Niece James Hind and Mary Hind shall die before he she or they shall have attained his her or their age or respectively ages of Twenty one years leaving any child or children living at his her or their Decease or born in due time afterwards Then I Give the Share or Shares of my said Residue which I have hereinbefore bequeathed to my said Nephew and niece respectively who shall so die as aforesaid unto the Child if only one and if more than one unto and amongst the Children of my said Nephew and Niece respectively to be equally divided among such Children if more than one as tenants in Common and to be vested in such Child or Children respectively at the Decease of the parent of such Child or Children respectively
And in case either of them my said Nephew and Niece James Hind and Mary Hind shall die before he or she shall have obtained the age of Twenty one years without having any such Issue as aforesaid surviving him or her Then I Give the share of the said James Hind or Mary Hind who shall die without leaving Issue as aforesaid unto the other of them my said Nephew and Niece and his or her Child or Children in the same Events and in the same manner to be paid or assigned to my said Nephew or Niece and vested in his or her Children at such time or times as are hereinbefore directed in respect to the original Share of my said Nephew or Niece and in case both of them my said Nephew and Niece shall die before they shall have attained their respective Ages of Twenty one years without leaving any such Issue surviving them Then I Give and bequeath the Interest or annual Income of all the Residue of my personal Estate and Effects unto my said Brother James Hind for his Life and immediately after his Decease I Give and bequeath the principal of all the said Residue of my personal Estate and Effects unto my said Nephews and Nieces Henry Hind William Hind Richard Brown Henry Brown Ann Pitman and Sarah Man or such of them as shall be living at my Decease and also the Child or Children of such of them as shall be then dead leaving Issue as tenants in Common and their respective Executors Administrators and Assigns but I direct that the Child or Children of my said Nephews and Nieces shall take per stirpes and not per capita and that no such child or Children shall take unless the parent of such Child or children shall be dead
And I hereby nominate and appoint my said Brother James Hind and my friend the said Robert Goodacre Executors of this my last Will and Testament Provided always and I hereby direct that during the minorities of my said Nephew and niece James Hind and Mary Hind respectively or of any Child or Children of them or either of them who shall become entitled to any share in my said residue under the Bequests hereinbefore contained the Interest or annual Income of the share or shares of my said residue which shall belong to my said Nephew and Niece James Hind and Mary Hind respectively or their Child or Children respectively shall be paid to or taken and received by my said Brother James Hind for his own use and his Receipt alone shall be an effectual Discharge to the person or persons who shall from time to time pay the said Interest or Income or any part thereof to my said Brother Provided also that in case my said Brother shall die during the Minority of his said Children or Grandchildren or any of them who shall be entitled to any share in my said residue Then I direct that my Executor for the time being shall apply all or any part of the Interest or Income of the said Share or Shares of my said Nephew and Niece James Hind and Mary Hind respectively or their Child or Children for the Maintenance Education and Advancement of my same Nephew and Niece and his or her Child or Children during their respective Minorities
Provided also and I further direct that during the minority of my said Nephew and Niece James Hind and Mary Hind or any of their Children who shall take any share in my said Residue my Executors shall lay our invest or continue my said personal Estate and Effects or the share or shares thereof which shall belong to the said several persons during their respectively Minorities in or upon any of the Government Stocks or Funds of Great Britain or in or upon real Securities in England or Wales and do and shall vary and transpose such Stocks Funds and Securities from time to time either as occasion shall require or as shall be deemed proper
And I hereby further declare and direct that the person or persons who from time to time shall or may have all or any part of my said personal Estate and Effects in his her or their Hand or Hands or upon Securities given or to be given by him or them shall not be obliged or required to see to the Application or Disposition of the same money or any part thereof or of the Interest Dividends or annual Income thereof or any part thereof after payment of the same to the person or persons who for the time being shall be acting Executor under this will or be answerable or accountable for the Misapplication or Nonapplication of the same monies or any part thereof and that every Receipt which shall be given for the said monies or any part thereof or the Interest Dividends or Income of the same or any part thereof by the person or persons who for the time being shall be the acting Executor under this will shall be a sufficient Discharge for all and every Sum and Sums of Money which therein or thereby respectively shall be acknowledged or expressed to be received
Provided lastly and I hereby direct and declare that the said James Hind my Brother and Robert Goodacre and each of them and the Heirs Executors Administrators and Assigns of them and each of them respectively shall be charged and chargeable only for such Sums as my said Executors respectively shall actually receive by Virtue of this my Will notwithstanding his or their or any of their giving or signing or joining in giving or signing any Receipt or Receipts for the sake of Conformity and that neither of them shall be answerable or accountable for the other of them nor for the acts Receipts Neglects or Defaults of the other of them but each of them only and respectively for his own Acts Receipts Neglects and Defaults respectively and that they or either of them shall not be answerable or accountable for any Banker or Broker or other person with whom or in whose Hands any part of my Monies shall or may be deposited or lodged for safe Custody or otherwise in the Execution of the Provisions of this Will nor for any other Misfortune Loss or Damage which may happen in the Execution of this Will or in Relation thereto except the same shall happen by or through his or their own wilful Default respectively
And also that it shall and may be lawful to and for my said Executors and each of them and each of their Heirs Executors Administrators and Assigns by and out of the Monies which shall come to their respectively Hands by Virtue of this will to deduct retain and reimburse to and for himself and themselves respectively and also to allow to his or their Co Executor all Costs Charges Damages and Expences and Fees to Counsel for advice which they or either of them shall or may sustain disburse lay out or be put unto in or about the Execution of this Will or in relation thereto
And I hereby revoke all former Wills by me at any time heretofore made and declare that this writing alone contains the whole of my last Will
In Witness whereof I the said Eleanor Hind the Testator have to this my last Will and Testament set my Hand and Seal this twenty second day of July One thousand Eight hundred
Eleanor Hind
Signed sealed published and declared by the said Eleanor Hind the Testatrix as and for her Last Will and Testament in the presence of us who have at her Request in her presence and in the presence of each other subscribed our Names as Witnesses to the due Execution thereof
Thos Wainer
R Whitchurch
Chas Latham Jun
December 30 1806
Let probat be granted to James Hind Executor of the within written Will he being sworn to the due Execution thereof & made oath that the whole of the Testator’s personal goods at the time of her death did not amount in value to the sum of One Thousand pounds
Sworn before me Tho Ford Surrogate
Reservation for Robt Goodacre the other Exor when he shall apply for a probat