Sarah Johnson of Scalford 1910 Will
Leicestershire, Leicester and Rutland Archives DE 462/53 page 400
This is the last Will and Testament of me Sarah the wife of Charles Johnson of Scalford in the County of Leicester Farmer and Grazier made by virtue and in pursuance and in exercise and execution of the powers and authorities for that purpose given to me in and by the deed of settlement made after my marriage with my said Husband dated the twenty seventh day of April One thousand eight hundred and seventy five
I direct and Appoint that all that my piece of land or ground situate and being in Spittlegate in the County of Lincoln And also all those two messuages or tenements erected upon the said piece of land with the outbuildings and appurtenances and all other my real Estate comprised in and granted by the said deed of Settlement shall subject to the life interest therein given to my said Husband by the said Indenture which I hereby confirm go remain and be unto and to the use of Joseph Jesson of Branston in the said County of Leicester Grazier an Robert Hall of Croxton Kerrial in the same County Grazier and their heirs Upon trust that they the said Joseph Jesson and Robert Hall or the survivor of them his heirs or assigns (hereinafter called the said Trustees or Trustee) do and shall collect receive and get in the rents and profits of the said hereditaments and premises during the lives of my Brothers William Smart John Smart and Thomas Smart and the lives and life of the survivors and survivor of them and after paying thereout the premiums and sums of money necessary for assurance of the said premises from loss or damage by fire or tempest and the cost of keeping the same in good repair pay and divide the residue of the said rents as and when the same shall be received unto and equally between all my said Brothers and after the death of one of them then unto and equally between the survivors of them and after the death of any two of them then to pay the whole of the said residue of the said rents unto the survivor of them during his life
And I declare that the respective Executors or Executor Administrators or Administrator of any deceased Brother shall take and be entitled to a proportionate part of the share of the said rents of any such deceased Brother down to his death
And I declare my Will to be that in case any or either of my said Brothers shall at any time or times become Bankrupt or take the benefit of any act of Parliament for the relief or discharge of Insolvent debtors then and in either of the said cases his share and interest respectively in the said rents shall thereupon cease and be at an end it being my intention that the said rents shall be for the private use and benefit of my said Brothers and not be in any manner transferable to or for the use of any other person or persons whomsoever
And I further direct that in case any or either of my said Brothers shall alien sell assign incumber or transfer or in any manner dispose of or anticipate his share and interest of and in the said rents then and in such case and from and immediately after such alienation sale assignment or transfer respectively such share and interest respectively shall cease and determine
And from and after the death of the survivor of them my said Brothers Upon trust that they the said Trustees or Trustee do and shall as soon as conveniently may be sell all my said real estate either together or in parcels and either by Public Auction or private contract with full power to buy in or rescind any contract for sale and to re-sell without being answerable or accountable for any loss occasioned thereby and to do all such acts and assurances for effectuating any such sale or sales as they or he shall think fit
And I direct the said Trustees or trustee to stand possessed of the monies thus arising after paying thereout the expenses attending such sale or sales In trust for all the children or any the child of my said Brother Thomas Smart who being Sons or a Son shall attain the age of twenty one years or being Daughters or a Daughter shall attain that age or marry if more than one in equal shares Provided and I hereby expressly direct that in case any of the said children shall depart this life in my lifetime or under the age of twenty one years leaving lawful issue him her or them surviving that then and in that case the issue of the child or children respectively so dying shall take and be entitled to (if more than one equally amongst them) the share or respective shares as well original as accruing in the said trust monies and premises which his her or their parent or respective parents would have taken under the trusts aforesaid if he she or they had respectively survived me or lived to attain the age of twenty one years
I appoint the said Joseph Jesson and Robert Hall Executors of this my Will
In witness whereof I the said Sarah Johnson the Testatrix have hereunto set my hand this fourth day of May One thousand eight hundred and seventy five
Sarah Johnson
Signed published and declared by the said Sarah Johnson the Testatrix as and for her last Will and Testament in the presence of us present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses
SH Butterfield ) Clerks to Mr EHM Clarke
Robt. Nichol ) Solicitor Melton Mowbray
On the tenth day of June 1910 Administration with this Will of the Estate of the Testatrix was granted at Leicester to John Roberts and Thomas Beastall the Executors of the Will of Charles Johnson the lawful Husband of the Testatrix
DE 1169/1/25 page 259
Sarah Johnson wife of Charles Johnson died at Scalford 9 December 1905. Joseph Jesson and Robert Hall her executors both died in her lifetime. Her husband died without taking out Letters of Administration so Administration granted to his Executors John Roberts of Scalford and Thomas Beastall of Eaton farmers
Gross value of Estate £380, net value of Personal Estate nil
Surety John Bolton farmer of Branston Leicestershire and Robert Machin grazier of Scalford
