Thomas Hoe of Hose 1838 Will
Leicestershire, Leicester and Rutland Wills PR/T/1838/88
This is the last Will and Testament of me Thomas Hoe the Elder of Hose Lodge in the County of Leicester Farmer and Grazier
I direct all my just debts funeral and Testamentary expences to be fully paid
I Give and bequeath All my Personal Estate and Effects of every description of which I shall die possessed Unto my two friends Benjamin Tuckwood of Old Dalby and James Doubleday of Long Clawson both in the said County of Leicester Graziers Upon Trust to permit my dear Wife Catherine Hoe to have the free use and enjoyment thereof during the Term of her natural life provided she continues my Widow but not otherwise
And from and immediately after her death or marriage which shall first happen Then I Give one half of the then Residue of my Personal Estate and Effects Unto my Son Thomas Hoe for his own use And as to the other Moiety thereof I Give the same Unto and between my Two Daughters Catherine Burnett and Ann Hoe share and share alike
Provided and my Will expressly is that in case my said Wife shall marry again Then I direct my said Trustees and Executors to pay to her the legacy or Sum of Fifty Pounds upon her marriage
And I hereby appoint the said Benjamin Tuckwood and James Doubleday Joint Executors In Trust of this my last Will and Testament hereby Revoking all former Wills by me made
And Lastly my will further is and I do declare that my said Trustees shall be at liberty out of the said Trust premises to deduct and Retain all necessary expences they may be at or put to in executing the said Trusts and that neither of them shall be answerable for any loss misapplication or nonapplication of the said Trust monies and premises or some part thereof Unless such loss happen through his or their wilful neglect or default not one for the other but each for his own acts deeds and defaults only
In Witness whereof I have hereunto set my hand and Seal this Fifth day of December one thousand eight hundred and thirty Seven
Thomas Hoe
Signed sealed published and declared by the said Testator Thomas Hoe the Elder as and for his last Will and Testament in the presence of us who have at his Request in his presence and in the presence of each other set our hands as witnesses to the due Execution thereof the two Erazures being done before such Execution
EHM Clarke
Wm Clark
I Thomas Hoe the Elder do declare this writing to be a Codicil to my last Will
Whereas I have given my personal estate to my friends Benjamin Tuckwood and James Doubleday In trust for the use of my dear Wife for such part of her natural life as she may continue my Widow and after her death Then one half thereof to my son Thomas Hoe and the remainder between my two Daughters Catherine Burnett and Ann Hoe equally now I do direct an Inventory and Valuation of my said personal estate shall be taken immediately after my death and I do declare that should there be any accumulation of the said personalty after my death I wish such increase or accumulation to belong to my said wife and which I give to her solely for her use
And as to the shares given to my said Daughters I direct the same to vest in each of them at my death subject to my wifes life interest therein & to be paid to them and each of them at her death and should they be then dead then to their respective executors and administrators
And I confirm my said Will in every other particular thereof
In Witness whereof I have hereunto set my hand and Seal this 10th day of March 1838
Thomas Hoe
Signed sealed and delivered by the said Thomas Hoe the Testator as a Codicil to his last will in the presence of us
John Marriott
Thos Clarke
Octr 23rd 1838
Benjamin Tuckwood of Old Dalby in the County of Leicester and James Doubleday of Long Clawson in the same County both Graziers the executors in the will named were duly sworn to the truth and faithful performance thereof as usual and that the goods chattels and credits of the Deceased do not amount in value to the sum of Two Thousand Pounds and that the deceased died on the first day of May last past
Before me John S Hallifax Surrogate to the Commissary
On the 27th day of October 1838 Original Will & Codicil exhibited before the Rev Wm Lowfield Fancourt Clerk DD Surrogate of the Commissary and Probate decreed to pass Seal in the presence of
John Stockdale Hardy Depy Registrar
Same day Probate dated
Appeared personally Thomas Clarke of Melton Mowbray in the county of Leicester Gentleman and made Oath That he is one of the subscribed Witnesses to a Codicil to the last Will and Testament of Thomas Hoe the Elder late of Hose Lodge in the County and Archdeaconry of Leicester Farmer and Grazier deceased bearing date the tenth day of March last past now hereunto annexed
And he further made Oath that on the said tenth day of March aforesaid the said Testator duly executed the said Codicil to his last Will by signing his Name at the foot or end thereof and affixing his Seal thereto in the presence of this Deponent and of John Marriott of Colston Bassett Surgeon the other subscribed Witness who were then together present at the same time with the said deceased and this Deponent and the said John Marriott thereupon attested and subscribed the said Codicil to the said Will in the presence of the said Testator and of each other
Thomas Clarke
On the twenty second day of December in the year of our Lord One thousand eight hundred and thirty eight the said Thomas Clarke was duly sworn at Melton Mowbray in the County of Leicester to the Truth of the aforegoing Affidavit
Before me John S Hallifax Surr to the Commissary