Jarvis Ann 1814 of Stathern will

Ann Jarvis of Stathern 1814 Will

Leicestershire, Leicester and Rutland Archives PR/R/1814/125

[This will is referred to in Mason Sarah 1830 of Stathern Will]

In the name of God Amen This is the last Will and Testament of me Ann Jarvis of Stathern in the County of Leicester Widow

First I give and bequeath to my Grandaughter Sarah Mackley the sum of Forty pounds

Also I give and bequeath to my Grandaughter Margarett Mackley the sum of Forty pounds

Also I give and bequeath to my Grandson Thomas Mackley the sum of Forty pounds

Also I give devise and bequeath to my Daughter Alice Jarvis the free and sole use of occupation of my Parlour in my now dwelling House for and during the Term of her natural Life or so long as she shall continue single and unmarried and while she shall reside in it herself with free egress ingress and regress to it

Also I give and bequeath to my said Daughter Alice such of my Household Furniture and Linen as she shall choose and select out not exceeding twelve pounds in value at a fair appraisement to be delivered to her immediately after my decease

Also I give devise and bequeath to my said Daughter Alice Jarvis one clear yearly sum Annuity or Rent Charge of ten pounds a year yearly and every year for and during her natural Life to be Issuing and payable out of all my Lands in the new inclosed Liberty of Stathern aforesaid and now in my own Occupation free and clear of all deductions whatsoever (the property tax excepted) And I do hereby charge and make chargeable all my said Lands with the true payment thereof at the times and in the proportions herein after mentioned (That is to say)

I will and direct that the sum of two pounds ten shillings being one fourth part of the said Annuity of ten pounds shall be Issuing and payable to my said Daughter Alice on the sixth day of April in every year after my decease during her natural Life out of all that part of my said Lands herein by me devised to my Trustees hereinafter named for the use of my Grandson Thomas Goodson his Heirs and Assigns forever

Two pounds ten shillings another fourth part of the said Annuity I direct shall be issuing and payable to her on the sixth day of July in every year after my decease during her natural Life out of that part of my said Lands herein by me devised to my said Trustees for the use of my Daughter Dorothy Jarvis her Heirs and Assigns for ever

Two pounds ten shillings another fourth part of the said Annuity I direct shall be Issuing and payable to her on the eleventh day of October in every year after my decease during her natural Life out of that part of my said Lands herein by me devised to my said Trustees for the use of my son in Law Richard Mason and Sarah his Wife and their Children

And Two pounds ten shillings the other fourth part of the said Annuity of ten pounds I direct shall be Issuing and payable to her on the sixth day of January yearly and every year after my decease for and during her natural Life out of that part of my said Lands herein after by me devised to my said Trustees for the use of my son in law William Jackson and my Daughter Hannah his Wife and their Children

And I do hereby give unto my said Daughter Alice Jarvis such and the same power of enforcing and obtaining payment of the said Annuity or yearly sum of ten pounds a year and every part thereof from whom and whence the same shall be due and payable respectively by distress and Sale from time to time as any portion thereof shall be in arrear and unpaid by the Space of twenty days next after any of the days whereon the same is hereinbefore appointed to be paid as aforesaid as Landlords have for enforcing and obtaining payment of Rent in arrear and all Costs and Charges attending the obtaining payment thereof as aforesaid

And I do hereby will and direct that neither the said Annuity of ten pounds a year nor any part thereof shall be subject or liable to the Controul Debts or Engagements of any Husband to whom my said Daughter Alice may be married but shall be wholly at her own sole disposal notwithstanding her Coverture and that her Receipt and Receipts only and alone whether she shall be sole or covert shall be a sufficient discharge and discharges to the Person or Person who are obliged to pay the same accordingly

And I Give and devise All that my Close or piece of Land in the new inclosed part of Stathern aforesaid called sand pit hill Close containing one acre two roods and thirty five perches be the same more or less and two acres and twenty three perches of my Lands in Stathern on a Furlong usually called Sandpit Furlong being the North East part of my Lands on the said Furlong adjoining my said Sand pit hill Close and Lands belonging to the Rector of Stathern aforesaid and of Mr Vocking as the same is now marked and staked out Unto my Friend George Barnes of Stathern aforesaid and my Grandson Thomas Goodson their Heirs and Assigns Upon Trust nevertheless that the said George Barnes His Heirs or Assigns shall within twelve calendar Months next after my decease by Mortgage or demise thereof (without prejudicing the Annuity of my said Daughter Alice) borrow and take up at interest the sum of thirty pounds which I direct him or them to pay and apply in discharge of the several Legacies hereinbefore given and bequeathed by me And Upon the further Trust that in case my said Daughter Alice Jarvis shall at her decease leave Issue of her Body lawfully begotten then and in such case I give and bequeath to such Issue Child or Children the sum of twenty five pounds to be equally divided amongst them if more than one if only one to such only Child

And I will and direct that the said George Barnes his Heirs or Assigns shall and do within six calendar Months next after her decease by another Mortgage or demise of the said pieces or parcels of Land borrow and take up at interest the said last mentioned sum of twenty five pounds and the Costs and Charges of borrowing and securing the same and shall pay the same to such Issue of my said Daughter Alice accordingly And subject to the payment of the said Annuity of two pounds ten shillings every year to my said Daughter Alice during her life and to the said two sums of thirty pounds and twenty five pounds to be borrowed as aforesaid I give and devise the said two pieces or parcels of Land to my said Grandson Thomas Goodson and his Heirs and Assigns for ever

Also I give and devise three acres three roods and thirty perches of my said Lands in Stathern aforesaid being part of my Pasture Close and other part of my Lands in my sand pit Furlong Close bounded on the North East by the two pieces of Land by me devised to my said Grandson Thomas Goodson on the South East by the Pasture Lane on the South West by Lands herein after devised to my said Trustees for the use of my son in law Richard Mason my Daughter Sarah his Wife and their Children and on the North West by the said Rectors Lands as the same if now marked and Staked out Unto my said Friend George Barnes and my said Grandson Thomas Goodson and their Heirs and Assigns Upon Trust that they and the Survivour of them his Heirs and Assigns shall within twelve calendar Months next after my decease by Mortgage or demise of my said last devised piece or parcel of Land without prejudicing my said Daughter Alice’s Annuity borrow and take up at interest another sum of ten pounds which I direct my said Trustees or Trustee for the time being shall pay and apply likewise in discharge of the several Legacies herein before my me given and bequeathed And Upon the further Trust that in case my said Daughter Alice shall leave such lawful Issues as aforesaid then I give and bequeath to such Issue Child or Children another sum or Legacy of twenty five pounds to be divided amongst and paid to such Issue as in manner aforesaid

And I will and direct that my said Trustees or Trustee for the time being shall and do within six Months next after the decease of my said Daughter Alice by another Mortgage or demise of the last demised piece or parcel of Land borrow and take up at interest the last mentioned Legacy of twenty five pounds and all Costs and Charges of borrowing and securing the same And subject to the payment of the said two pounds ten shillings a year to my said Daughter Alice during her natural Life and to the said two sums of ten pounds and twenty five pounds to be borrowed as aforesaid I give and devise the said last devised piece of parcel of Land to my said Daughter Dorothy Jarvis and her Heirs and Assigns for ever

Also I give and devise four acres one rood of my said Lands in Stathern aforesaid being likewise other part of my said Pasture Close and my said Sand pit Furlong Close bounded on the North East by my piece of Land herein by me devised to my said Daughter Dorothy Jarvis on the South East by the said Pasture Lanes on the South West by Lands hereinafter devised to my said Trustees for the use of my son in law William Jackson and my Daughter Hannah his Wife and their Children and on the North West by Lands of the said Rector Unto my said Friend George Barnes and my said Grandson Thomas Goodson their Heirs and Assigns Upon Trust nevertheless that they and the Survivour of them his Heirs and Assigns Do and shall (without prejudicing my said Daughter Alice’s Annuity) within twelve calendar Months next after my decease by Mortgage or demise of the said last hereinbefore devised piece or parcel of Land borrow and take up at interest another sum of thirty pounds which I direct them likewise to pay and apply in discharge of the several Legacies hereinbefore given and bequeathed by me

And upon the further Trust that in case my said Daughter Alice Jarvis shall at her decease leave such lawful Issue as aforesaid then I give and bequeath to such Issue Child or Children another Legacy or sum of twenty five pounds to be divided amongst and paid to such Issue in manner aforesaid and I will and Direct that my said Trustees or Trustee for the time being Do and shall by another Mortgage or demise of my said last herein devised piece or parcel of Land within six Months next after her decease borrow and take up at interest the last mentioned Legacy of twenty five pounds and all Costs and Charges of borrowing and securing the same

And subject to the payment of the said two pounds ten shillings a year to my said Daughter Alice during her natural life and to the two last mentioned sum of thirty pounds and twenty five pounds to be borrowed as aforesaid I give and devise my said last herein devised piece of parcel of Land to my said Friend George Barnes and my said Grandson Thomas Goodson and their Heirs and Assigns Upon Trust only for the use and behoof of my said son in law Richard Mason and Sarah is Wife during their joint lives and the longer liver of them during his or her Life And then to and for the use of such person or persons and for such Estate and Estates use and uses and in such shares and proportions manner and form as my said Daughter Sarah Mason notwithstanding her present or any future Coverture or whether she shall be Sole or Covert shall at any time during her Life by any Deed or Deeds Writing or Writings under her hand and seal and attested by two or more Credible Witnesses or by her last Will and Testament in Writing duly executed in the presence of three or more Credible Witnesses limit or appoint give or devise the same and for want of such limitation or appointment gift or devise to the use and behoof of all and every of the Child and Children of the Body of my said Daughter Sarah Mason in equal shares and their respective Heirs and Assigns for ever to take as Tenants in common and not as joint Tenants

And I give and devise all the Residue and Remainder of my Lands in the new inclosed parts of Stathern aforesaid containing five Acres or thereabouts be the same more or less the same is now staked out and the Residue and Remainder of my Estate and Interest (not herein disposed of) in my Messuage or Tenement in Stathern aforesaid in which I now dwell and the Home Close or Orchard thereto adjoining and belonging with their Hereditaments Unto my said friend George Barnes and my said Grandson Thomas Goodson their Heirs and Assigns Upon Trust nevertheless that they and the Survivour of them his Heirs and Assigns Do and shall (without prejudicing my said Daughter Alice’s Annuity) within twelve calendar Months next after my decease by Mortgage or demise of the last hereinbefore devised Lands and Premises borrow and take up interest the sum of Fifty pounds which I direct them likewise to pay and apply in discharge of the several Legacies hereinbefore given and bequeathed by me And upon the further Trust that in case my said Daughter Alice Jarvis shall at her decease leave Issue of her Body lawfully begotten as aforesaid then I give and bequeath to such Issue Child or Children another Legacy or sum of twenty five pounds to be divided amongst and paid to such Issue in manner aforesaid and I will and direct that my said Trustees or Trustee for the time being Do and shall by another Mortgage or demise of my last hereinbefore devised Lands and premises within six calendar Months next after her decease borrow and take up at interest the last mentioned Legacy of twenty five pounds and all Costs and Charges of borrowing and securing the same

And Subject to the payment of the said two pounds ten shillings a year to my said Daughter Alice during her natural Life and to the said sum of Fifty pounds and to the last mentioned sum of twenty five pounds and the said Costs and Charges of borrowing aforesaid I give and devise my said last before herein devised Lands and Premises unto my said Friend George Barnes and my said Grandson Thomas Goodson and their Heirs and Assigns Upon Trust only for the use and behoof of my said son in law William Jackson and my said Daughter Hannah his Wife during their joint lives and the life of the longer liver of them And then to and for the use of such Person and Persons and for such Estate and Estates use and uses and in such shares and proportions manner and form as my said Daughter Hannah Jackson notwithstanding her present or any future Coverture or whether she shall be sole of Covert shall at any time during her Life by and Deed or Deeds Writing or Writings under her hand and Seal and attested by two or more Credible Witnesses or by her Last Will and Testament in Writing duly executed in the presence of three or more Credible Witnesses limit or appoint give or devise the same and for want of such limitation or appointment gift or devise to the use and behoof of all and every of the Child and Children of the Body of my said Daughter Hannah Jackson in equal shares and their respective Heirs and Assigns for ever to take as Tenants in common and not as joint Tenants

And I do hereby will and direct that the owners and occupiers of my Lands herein given to my said Grandson Thomas Goodson shall within six calendar Months next after my decease make a good substantial Fence on the South West side of his Land in my said Sand pit Furlong Close from the said Rectors Fence to the ancient Hedge in my Pasture Close and forever afterwards keep the said Fence in Repair and that the owners and occupiers of the Lands herein by me devised to my said Daughter Dorothy Jarvis shall within the same space of time make a good substantial Fence on the South West side of her Lands from the said Rectors Fence to the said Pasture Land and shall forever afterwards keep the said Fence in Repair And that the owners and occupiers of my Lands herein devised to my said Trustees for the use of the said Richard Mason and his Family shall within the same space of time make a good and substantial Fence on the South West side of my Lands devised to them in my said sand pit Furlong Close from the said Rectors Fence to the ancient Hedge in my said Pasture Close and shall forever afterwards keep in Repair the said Fence And that the owners and occupiers of the Lands in my Pasture Close herein devised to my said Trustees for the use of the said William Jackson and his Family shall within the same Space of time make a good and substantial Fence on the North East side of the Lands in the said Pasture Close hereby devised to them for their use from the ancient Hedge on the North West side of the said Close to the said Pasture Land and shall forever hereafter keep the same in Repair Provided nevertheless in case my said Daughter Alice Jarvis shall at her death leave no lawful Issue the sums by me directed to be borrowed for such Issue shall lapse and sink into the Estates for the benefit of the Persons to whom such Estates or Lands are devised respectively Provided also when and in cases where the Persons to whom such Estates or Lands are devised respectively Provided also when and in cases where the Persons to whom the Lands on which my said Trustees are by me directed to borrow Money will make the several payments necessary to enable my said Trustees to execute my will fully in due time they shall not exercise the power of borrowing by me given them

And I give and devise all that my Close or piece of Land lying and being in the Lordship of Melton Mowbray in the said County of Leicester now in the Occupation of William Dobney unto my three Grand Children Ann Dobney Richard Dobney and Thomas Dobney and their Heirs and Assigns forever in equal shares to take as Tenants in common and not as Joint Tenants and in case one of my last mentioned Grand Children shall die before it attains its age of twenty one years and leave no lawful Issue Then I give and devise the share of my said Close of such Child so dying to the Survivours of them and their respective Heirs and Assigns forever in equal shares to take as Tenants in common and not as Joint Tenants and in case two of them die before they attain their ages of twenty one years and leave no such lawful Issue Then I give and devise the whole of the said last mentioned Close to such Survivour and its Heirs and Assigns for ever and in case they all die under that age without such lawful Issue Then I give and devise the same to my own Right Heirs forever Provided nevertheless I give and devise my said last mentioned Close to my said Friend George Barnes and my said Grandson Thomas Goodson and their Heirs and Assigns to stand seized and possessed thereof In Trust only for the use of my said three Grand Children Ann Dobney Richard Dobney and Thomas Dobney during their Minority respectively and I direct that my said Trustees or Trustee for the time being shall enter into the possession thereof and immediately after my decease and receive and take the Rents and Profits thereof as they become due and either apply the same as they receive them towards the maintenance and education or permit my said son in Law William Dobney to apply the said Rents towards the maintenance and education of his three Children my said Grand Children at the discretion of my said Trustees or Trustee And I do hereby will order and direct that the Person or Persons who shall lend any sum or sums of Money upon and Mortgage or Morgages of my said Lands and real Estate shall not be obliged to see to the application of the Money by him her or them so lent to my said Trustees or Trustee for the time being  or be answerable or accountable for the application or non application thereof But that every Receipt signed and given by them or any of them for any Money upon Mortgage or other Trust Monies or any part thereof respectively shall be an effectual discharge for the sum or sums acknowledged thereby to be received and shall be binding on my devisees or devisee Legatees or Legatee respectively

Also all the Residue and Remainder of my Household Furniture Goods Chattels Cattle Ready Money Securities for Money and personal Estate whatsoever and wheresoever I give and bequeath to my said Daughter Dorothy Jarvis and my said son in law William Jackson Subject nevertheless to the payment of all my just Debts my Funeral and Testamentary expences

And I do hereby declare my will to be that it shall and may be lawful to and for my Trustees and Executors for the time being out of any Monies which by virtue of this my Will or any Trust herein declared shall come to their Hands to deduct and reimburse themselves all such reasonable costs and expences as they respectively shall or may sustain or be put to in or about the execution of my Will and the Trusts herein by me reposed in them

And I do hereby will and direct that my said Trustees or either of them shall not be liable to answer or make good any loss or losses which shall or may happen to any part of the said Trust Money or premises unless the same shall appear to happen by or through their or either of their wilful neglect or default nor shall either of them be answerable or accountable for the Acts Deeds Receipts or Disbursements of the other of them but each of them shall be answerable only for his own separate Acts Deed Receipts and Disbursements

And Lastly I do hereby nominate constitute and appoint the said George Barnes and the said Thomas Goodson joint Executors in Trust of this my last Will and Testament and do hereby revoke and make void all others by me heretofore made

In Witness whereof I the said Ann Jarvis the testatrix have to this my last will and Testament contained on six sheets of paper set my hand and Seal (That is to say) to the five first Sheets of which I have set my hand and to this last Sheet my hand and Seal this thirty first Day of October in the year of our Lord our Lord One Thousand eight hundred and seven

                                                                                                         The mark of Ann Jarvis

Signed sealed published and declared by the said Ann Jarvis 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 having first observed that the Word “Months” on the second sheet “before” “of my said last herein devised pieces or parcels of Land” “Subject” on the third sheet and the words “ for his own” on this last sheet were interlined and that words “thirty” and “ten” on the second sheet hereof and “ten” and “thirty” on the third sheet and the Words Fifty and Fifty were wrote upon erasures

John Barnes

Thomas Roberts

Robert Goodacre

Know all Men by these Presents That We Dorothy Jarvis of Eastwell in the County of Leicester Spinster William Jackson of Stathern in the County and Archdeaconry of Leicester Farmer John Barnes of Stathern in the said County Schoolmaster & John Mason of Stathern in the said County Carpenter are held and firmly bound to Edward Thomas March Philipps Clerk Master of Arts Official of the Archdeaconry of Leicester lawfully constituted in the sum of Two hundred pounds of Good and lawful Money of Great Britain To be paid to the said Official or certain Attorney Executors Administrators or Assigns for the true Payment thereof We bind ourselves and every of us by himself and herself for the whole our and every of our Heirs Executors and Administrators firmly by these Presents Sealed with our Seals Dated this eighteenth day of July in the fifty fourth Year of the Reign of our Soveraign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith &c and in the Year of our Lord One Thousand Eight Hundred and fourteen

Whereas Ann Jarvis late of Stathern aforesaid widow deceased did in her lifetime duly make and execute her last Will and Testament in writing bearing date the thirty first day of October one thousand eight hundred and seven and therein and thereof did nominate and appoint George Barnes and her Grandson Thomas Goodson joint Executors one of whom viz the said Thomas Goodson died in the life time of the said Testatrix and the said George Barnes hath by an Instrument in writing duly executed renounced the probat and Execution of the said Will as the surviving Executor thereof

Now the Condition of this obligation is such that if the above bound Dorothy Jarvis and William Jackson the residuary Legatees named in the said Will and Administrators with the will annexed of all and singular the Goods Chattels and Credits of the said deceased do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Ann Jarvis deceased which have or shall come to their hands Possession or knowledge and the same so made do exhibit or cause to be exhibited into the Registry of the Archdeaconry Court of Leicester on or before the last day of October next ensuing and the same Goods Chattels and Credits do well and truly administer (that is to say) do first pay the debts of the said Ann Jarvis deceased which she did owe at her death and then the Legacies contained in the said will so far as her Goods Chattels and Credits will thereto extend and the Law charge them

And further do make or cause to be made a true and just account of their said Administration when they shall be thereunto lawfully required

And all the rest and residue of the said Goods Chattels and Credits which shall be found remaining upon their said Account and not otherwise disposed of in the said will the same being first examined and allowed of by the Judge of the said Court for the time being shall distribute and dispose of in such Manner and form as shall be limited by the discretion of the said Judge

And Lastly do at all time hereafter clearly acquit discharge and save harmless the within named Official and all other Officers of the said Court against all persons having or pretending to have any right title or Interest unto the said goods Chattels and Credits of the said Ann Jarvis decease then this obligation to be void or else to remain in full force and virtue

                                                                                                         Dorothy Jarvis Mark

                                                                                                         William Jackson

                                                                                                         John Barnes

                                                                                                         John Mason

Sealed and Delivered in the presence of

W Greenwood

A Business of renouncing the Burthen of the Execution of the last will and testament of Ann Jarvis late of Stathern in the County and Archdeaconry of Leicester Widow deceased made by George Barnes of Stathern aforesaid Shepherd the surviving Executor named in the last Will and Testament of the said deceased and also of decreeing Letters of Admon with the said will annexed of all and singular the Goods Chattels & Credits of the said Ann Jarvis to Dorothy Jarvis of Eastwell Leicestershire Spinster & William Jackson of Stathern aforesaid the residuary legatees named in the said will.

Under £100