King Joseph 1892 of Holwell Will

Joseph King of Holwell 1892 Will

Leicestershire, Leicester and Rutland Archives DE 462/35 page 81

This is the last Will and Testament of me Joseph King of Holwell in the County of Leicester Farmer

I appoint Hoedley Gill of Holwell aforesaid Farmer and my Grandson Edward Whait (hereinafter called “my Trustees”) to be the Executors and Trustees of this my Will And I declare that all trusts and powers hereinafter reposed and vested in my Trustees may be exercised by the survivor of them or the heirs executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my Will

I devise and bequeath all my real and personal Estate to my Wife Mary King during her life and after her death I devise and bequeath the same to my Trustees Upon Trust that my Trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall stand possessed of the net proceeds to arise from my real and personal Estate Upon the Trusts following (that is to say)

As to one equal third part thereof In trust for all or any the children or child of my late daughter Mary Ann Cook who attain the age of twenty one years or marry including any such child or children who may have died in my lifetime leaving issue living at my death if more than one in equal shares so that the share of any such deceased child shall vest in his or her representatives as part of his or her personal estate in the same manner as if he or she had died immediately after me

And I declare that my Trustees shall stand possessed of one other equal third part of the said net proceeds in Trust for my daughter Ann Whait for her separate use but in case my said daughter Ann Whait shall die before the death of the survivor of me and my said Wife then and in such case the last mentioned third part shall be held In Trust for all or any the children or child of my said daughter Ann Whait who attain twenty one years of age or marry under that age including any such child or children who may have died in my lifetime leaving issue living at my death if more than one in equal shares so that the share of any such deceased child shall vest in his or her representatives as part of his or her personal Estate in the same manner as if he or she had died immediately after me

And I declare that my Trustees shall stand possessed of the remaining one third part of the said net proceeds In Trust for my Grandson Joseph King but in case he shall die under the age of twenty one years without leaving any issue him surviving Then as to one moiety of the last mentioned third part Upon such Trusts and with under and subject to such powers and provisions in favour of my said daughter Ann Whait and her child or children as shall correspond with the trusts powers and provisions hereinbefore declared concerning the one equal third part of the said net proceeds hereinbefore directed to be held in trust for my same daughter and her child or children

And as to the other moiety of the same third part Upon such Trusts and with under and subject to such powers and provisions in favour of the child or children of my said daughter Mary Ann Cook as shall correspond with the trusts powers and provisions hereinbefore declared concerning the one equal third part of the said residuary trust funds hereinbefore directed to be held in Trust for the child or children of my same daughter

And I declare that my Trustees shall be at liberty to sell my real Estate or any part or parts thereof during the lifetime of my said Wife with her consent in writing and that the moneys arising from any such sale shall be invested by my Trustees and the income arising therefrom shall be paid to my said Wife during her life

I devise all Estates vested in me as a Trustee or Mortgagee Unto my Trustees subject to the Trusts and equities affecting the same respectively

Witness my hand this 1st day of June 1880

                                                                                                                The mark of Joseph King

Signed and Declared by the above named Joseph King 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 hereunto subscribed our names as Witnesses the word “such” on the second page having been first interlined and the said Will having been first read over to the said Testator Joseph King in our presence when he seemed perfectly to understand the same and made his mark thereto in our presence

J Paddison, Solicitor, Melton Mowbray

William H Julian his Clerk

Proved at Leicester on the eighth day of February 1892 by the Oaths of Hedley Barker (in the Will written Hoedley) Gill and Edward Whait the Grandson the Executors to whom Administration was granted

The Testator Joseph King was late of Holwell in the County of Leicester Farmer and died on the twenty third day of October 1891 at Holwell aforesaid

Personal Estate Gross £158.18.11.  No deduction.