Mathew Kirk of Scalford 1802 Will

Leicestershire, Leicester and Rutland Archives PR/T/1802/116

This is the last Will and Testament of me Mathew Kirk of Scalford in the County of Leicester Grazier Made this Twenty Fifth day of March In the Year of our Lord One thousand seven hundred and ninety

First I direct that all such Debts as I shall justly owe at the time of my decease and my Funeral Charges and Expences be paid and satisfied by my Executrix hereinafter named and as to my Estates both real and Personal I dispose thereof in manner following (that is to say)

I Give and Devise unto my dear and loving Wife Alice Kirk All that my Messuage or Tenement with the Orchard Garden Homestead and Outbuildings thereunto belonging situate standing and being in Scalford aforesaid and now in my own Occupation To Hold the same unto my said Wife Alice Kirk and her Assigns for and during the Term of her Natural Life and from and after her decease then I Give and Devise the said Messuage or Tenement with the Orchard Garden Homestead and Outbuildings thereunto belonging unto my Son William Kirk his Heirs and Assigns for ever

I also Give and Devise unto my Daughter Elizabeth the Wife of John Hazlewood All that my Messuage or Tenement with the Bakehouse Yard and other the Appurtenances thereunto belonging situate standing and being in Scalford aforesaid To Hold the same unto my said Daughter Elizabeth the Wife of the said John Hazlewood and her Assigns for and during the Term of her Natural Life and from and after her decease then I Give and Devise the said last mentioned Messuage or Tenement with the Bakehouse Yard and other the Appurtenances thereunto belonging unto my Grandson Mathew Hazlewood his Heirs and Assigns for ever Subject nevertheless and Charged and Chargeable as hereinafter mentioned (that is to say)

I Give and Bequeath unto my Grandson John Hazlewood the sum of Ten Pounds to be Paid to my said Grandson John Hazlewood his Executors or Administrators by my said Grandson Mathew Hazlewood his Heirs or Assigns within three months next after my said Grandson Mathew Hazlewood his Heirs or Assigns shall come into Possession of the said last mentioned Messuage or Tenement with the Bakehouse Yard and other the Appurtenances thereunto belonging in virtue of this my Will

I Give and Bequeath unto my said Son William Kirk and to my Relation John Shuttlewood of Scalford aforesaid Grazier the sum of One hundred Pounds to be Paid to them within Twelve Months next after my decease by my said Executrix Upon the Trusts and to and for the use Intents and Purposes hereinafter mentioned (that is to say)

Upon Trust that they my said Trustees or the survivor of them his Executors or Administrators shall and do with all convenient speed after the said Sum of One hundred Pounds shall be by them or him received Place the same out at Interest in their or his names or name or in the name or names of any other Person or Persons as he or they shall think fit upon some real or Government security Publick stocks or Funds or otherwise imploy or improve the same as they my said Trustees or the survivor of them his Executors or Administrators shall in their or his discretion think fit and do and shall Pay and apply the Clear Yearly Dividends Interest and Annual Proceed of the said sum of One Hundred Pounds unto my Daughter Mary the Wife of Richard Hourd for and during the Term of her natural Life to & for her sole and separate use and Benefit without the Controul or Intermedling of her present or any after taken Husband and that the same shall not be subject or liable to his Debts or Engagements and that the receipt or receipts of my said Daughter Mary Hourd shall notwithstanding her Coverture from time to time be good and sufficient discharges to my said Trustees or the Survivor of them his Executors or Administrators for the same and from and immediately after her decease then Upon Trust that they my said Trustees or the survivor of them his Executors or Administrators shall and do call in the said sum of One hundred Pounds and pay and divide the same together with all Interest then due unto between and amongst all and every the Child and Children of my said Daughter Mary Hourd begotten or to be begotten which shall be living at the time of the decease of my said Daughter Mary Hourd share and share alike

And I do hereby expressly declare that my said Trustees or either of them their or either of their executors Administrators or Assigns shall not be Charged or Chargeable with or Accountable for any more Money than they respectively shall actually receive by virtue of this my Will nor shall the one of them be Answerable for the other of them or for the Acts Deeds Receipts or Disbursements of them but each of them only for his own Acts Deeds Receipts or Disbursements And also that it shall and may be lawful to and for my said Trustees and each of them their and each of their Heirs Executors and Administrators in the first place by and out of the said Trust Monies respectively to Deduct and Reimburse to themselves and himself all such Loss Costs Charges and Expences as they or either of them shall sustain or be put unto for or by reason of the Performance of this my Will

I Give and Bequeath unto my Daughter Ann the Wife of John Stokes the Sum of One hundred Pounds to be Paid to her within Twelve Months next after my decease by my said Executrix

And as to for and Concerning all the rest and residue of my ready Money and Securities for Money Household Goods and other Goods Cattle Chattles and Personal Estate whatsoever and wheresoever and of what Nature or kind soever I Give and Bequeath the same and every Part thereof unto my said Wife Alice Kirk whom I do hereby make Ordain Constitute and appoint Sole Executrix of this my last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made

In Witness whereof I the said Mathew Kirk the Testator have to this my last Will and Testament contained in three sheets of Paper set my Hand and Seal (that is to say) to the two first Sheets of which I have set my Hand and to this last sheet my Hand and Seal the Day and Year first above written

                                                                                                                Matthew Kirk

Signed Sealed Published and Declared by the Testator as and for his last Will and Testament in the Presence of us who at his request and in his presence have subscribed our Names as Witnesses hereunto

Witness

John Doubleday Clk to Mr Parke

Wm Shuttlewood

Robert Shuttlewood

Let probat be granted to Alice Kirk, the sole Executor of the within written will, she being sworn to the due execution of the will, & made oath that the whole personal estate of the Testator at the time of his death did not amount to the sum of three hundred pounds

                                                                                                                Sworn before me Tho. Ford Surrogate