Thomas Johnson of Saxelby 1813 Will
Leicestershire, Leicester and Rutland Archives PR/T/1813/106
This is the last Will and Testament of me Thomas Johnson of Saxelby in the County of Leicester Grazier
In the first place I give and devise unto my four Friends John Simpson of Saxelby aforesaid John Deverill of Shoby Robert Skirritt of Somerby and Thomas Innocent of Welby all in the said County of Leicester Graziers All that my messuage or Tenement with the Homestead adjoining situate and being in Hickling in the County of Nottingham Also the Allotment of new inclosed Land lying within the Lordship of Hickling aforesaid containing fifteen acres three roods and five perches all in the occupation of John Collishaw To hold the same unto and to the use of the said John Simpson John Deverill Robert Skirritt and Thomas Innocent their Executors Administrators and Assigns for the term of ninety nine years to be completed from the day of my death if my son Thomas shall so long live Upon the trusts and for the intents and purposes hereinafter expressed of and concerning the same that is to say
Upon trust that my trustees or trustee for the time being do let the same Hereditaments and premises and receive the rents thereof and apply the same in and towards the maintenance cloathing and support of my said son Thomas during the term of his life in such manner as he or they shall think proper and from and after the end expiration or sooner determination of the said term of ninety nine years and in the mean time subject thereto
I Give and Devise the said Messuage Lands and Hereditaments unto all any every the Child and Children of the Body of my said Son Thomas Johnson lawfully to be begotten and the Heirs of the Body and respective Bodies of such Child and Children lawfully issuing to take and enjoy the same as Tenants in Common and not as joint Tenants and in case of the death of any such Child or Children without issue of his her or their Body or Bodies then as to the share or shares of such dying Child or Children to the Survivors and Survivor of such Child or Children and the Heirs of his her and their Body and respective Bodies as Tenant in common and not as joint Tenants and in default of such issue unto my son George Johnson his Heirs and Assigns for ever
And as a further Provision for my said son Thomas Johnson I direct my said Trustees John Simpson John Deverill Robert Skirritt and Thomas Innocent to retain out of the money and effects which will come to their hands as Executors the sum of Three Hundred Pounds Upon trust to place the same out at Interest and apply such Interest in the maintenance cloathing and support of my said Son Thomas Johnson for his life and from and immediately after his death to pay the said sum of Three Hundred Pounds unto and amongst the Child or Children of my said Son Thomas Johnson if more than one to be equally divided between them share and share alike as Tenants in Common and his and their Executors Administrators and Assigns But in case my said Son Thomas Johnson shall die without Issue Then I direct the said sum of Three Hundred Pounds to sink into the residue of my estate and effects
I Give and Bequeath unto the said John Simpson John Deverill Robert Skirritt and Thomas Innocent their Executors Administrators and Assigns All my Personal Estate and Effects whatsoever and wheresoever Upon the trusts hereinafter expressed of and concerning the same (that is to say)
That they my said Trustees or Trustee for the time being do and shall pay all my debts and funeral Expences And also do and shall raise and pay unto and for each of my three Daughters Elizabeth Lucy and Ann the sum of Three Hundred and fifty Pounds to be paid to them respectively at the age of twenty one years or day of Marriage which shall first happen and the Interest of their respective Legacies to be applied towards their Maintenance and Education And in case of the death of any of my said Daughters before their respective Legacies shall be payable the share or shares of such dying Child or Children to sink into the residue of my effects Provided always and I do expressly declare that so long as my said Daughters shall be supported from the profits of my farm no Interest shall be allowed on their respective Legacies
And upon further trust that my said Trustees or Trustee for the time being do and shall if it shall be thought expedient and my Land lord shall permit occupy my farm at Saxelby and carry on the business of farming the same and use sell and dispose of the stock and Implements of Husbandry and apply the produce of the Farm and a competent part of my other trust monies in the carrying on the Business thereof and I direct that the Profits of the same farm shall be applied in the maintenance of all my four younger children the said George Elizabeth Lucy and Ann
But in case my said Farm shall be discontinued then my said Trustees or Trustee for the time being shall apply the clear profits to arise from my Estate and Effects in the maintenance of my said four Youngest Children in such manner as my said Trustees or Trustee shall think most proper
And upon further Trust that in case my said Son George shall attain his age of twenty one years then upon trust that they my said Trustees or Trustee shall assign and assure my said Estate and Effects (subject nevertheless and without prejudice to the several Legacies Debts Trusts and provisions hereinbefore and hereinafter expressed of and concerning the same) unto my said Son George his Executors Administrators and Assigns and in case my said Son George shall die before he shall attain the age of twenty one years having any child or children living at his decease or born in due time afterwards Then upon trust that my said Trustees or Trustee for the time being do and shall assign the said Estate and Effects (subject and without prejudice as aforesaid) to the said Child or Children of my said Son if more than one equally to be divided between them share and share alike as Tenants in Common and his her or their Executors Administrators or Assigns for ever
But in case my said Son shall die before he shall attain his age of twenty one years without having any Child or Children living at the time of his death or born in due time afterwards then Upon trust that my said Trustees or Trustee for the time being do and shall stand possessed of the clear residue of my personal Estate and Effects for the benefit of my said three Daughters Elizabeth Lucy and Ann and their respective personal Representatives in equal shares as Tenants in Common Provided always and I further direct that my said Trustees or Trustee for the time being shall from time to time lay out and invest or continue my said Personal Estate and Effects in or upon some of the Government Stocks or Funds of Great Britain or in or upon real Securities in England or Wales and shall and may transpose such Stocks Funds and Securities either as occasion shall require or as shall be deemed proper
Provided also and I hereby further declare and direct that in case the said John Simpson John Deverill Robert Skirritt and Thomas Innocent or any or either of them or any Trustee or Trustees to be appointed under this present provision in their or either of their place shall die or become unwilling or unable to act in the aforesaid trusts before the said trusts shall be fully executed and performed Then and in that case and as soon and as often as the same shall happen it shall or may be lawful to and for the acting Trustees or Trustee for the time being under this Will to nominate any fit Person or persons to supply the place of the Trustee or Trustees respectively so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said term trust monies and the Stocks funds and Securities in and upon which the same shall be invested shall be conveyed assigned and transferred so and in such manner that the same may vest in such new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or in such new Trustees solely as the case may require and his her or their Heirs Executors Administrators and Assigns upon the trusts hereinbefore expressed and declared of and concerning the same respectively and every such new Trustee shall have and may exercise the same Powers Privileges and authorities of approbation consent discretion maintenance education and all other powers and authorities whatsoever as if he or they had been hereby appointed a trustee or Trustees
Provided also and I further declare that the said Trustees hereby appointed and also the trustees to be appointed by virtue of the Provisions last hereinbefore contained severally and respectively and their several and respective heirs Executors and Administrators shall be charged and chargeable only for such sums as the said Trustees respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that they or any of them shall not be answerable or accountable for any Banker or Broker or other Persons with whom or in whose hands any part of the said trust monies shall be deposited for safe custody or otherwise in the execution of the aforesaid trusts nor the insufficiency or deficiency in title or value of any Security or Securities Stocks or Funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through his or their own wilful neglects or defaults respectively and in that case each Person alone shall be answerable for such loss or damage as shall arise from his own act neglect or default
Provided Lastly that it shall and may be lawful to and for the said Trustees hereby named and such future trustee or Trustees to be appointed as aforesaid and every or any of them their and every or any of their Heirs Executors Administrators and Assigns by and out of the monies which shall come to his or their hands by virtue of the trusts aforesaid to deduct retain and reimburse himself and themselves respectively And also to allow to his and their Cotrustee or Cotrustees all costs charges and expences and fees to counsel for advice which they or any of them shall or may sustain disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereto
And I hereby nominate and appoint the said John Simpson John Deverill Robert Skirritt and Thomas Innocent Executors of this my last Will and Testament and I also appoint the said John Simpson John Deverill Robert Skirritt and Thomas Innocent and the Survivors and Survivor of them Guardians and Guardian of my said Children during their respective Minorities
And I hereby revoke all former wills by me at any time heretofore made and declare this writing alone to contain the whole of my last Will and Testament
In Witness whereof I the said Thomas Johnson the Testator have to this my last Will and Testament contained on five sheets of paper set my hand and seal (that is to say) to the four first sheets hereof my hand and to this fifth and last sheet my hand and seal this twentieth day of June one thousand eight hundred and eight
Tho Johnson
Signed sealed Published and declared by the said Thomas Johnson 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 subscribed our names as Witnesses
Mary Latham
Wm Latham Junr
John Law his Clerk
Having advanced my Daughter Elizabeth on her Marriage Three Hundred Pounds I direct that she shall on my death receive only one hundred Pounds more
I give to each of my Daughters Lucy and Ann One hundred Pounds in addition to what I have given them by my Will
I declare this to be a Codicil to my Will
Dated the 7 July 1812
The Mark of Thomas Johnson
Witness
John Johnson
Wm Latham
I also give to each of my Daughters Lucy and Ann Fifty Pounds each in Addition to what I have given them by my Will & late Codicil
I declare this to be a Second Codicil to my Will
Dated the 10th Day of September 1812
The Mark Thos Johnson
Witnesses
Ann Iliff
Wm Hart
Feb 2d 1813
Let probat be given to John Deverill of Shoby, Grasier, & Thomas Innocent of Welby, Grasier, Executors of the above written will they being sworn to the due Execution of this will & also made Oath that the whole personal Estate of Thomas Johnson at the time of his death September 30th 1812 did not amount to the sum of Five Thousand Pounds
Sworn before me Tho: Ford Surrogate
Power reserved for John Simpson of Saxleby Grazier and Robert Skirritt of Somerby the other Executors
