William Kirk of Scalford 1866 Will
Leicestershire, Leicester and Rutland Archives DE 462/9 page 148
This is the last Will and Testament of me William Kirk of Scalford in the County of Leicester
I direct all my just debts funeral and Testamentary expenses to be fully paid
I Give and bequeath unto my Affectionate Wife Sarah Kirk the sum of One hundred pounds to be paid to her six months after my decease by my Son William Thomas Kirk
I Give and devise unto my said Wife Sarah Kirk and her assigns during her Widowhood one Annuity or clear yearly sum of Ten pounds payable half yearly on the sixth day of April and the eleventh day of October in every year the first payment to be made on either of the said days as shall first happen after my decease And I charge the Estates hereinafter devised to my said Son with the true payment thereof
I also Give and devise unto my said Wife Sarah Kirk during such her Widowhood Two other annuities or yearly sums of Ten pounds and Ten pounds making Twenty pounds payable half yearly in equal sums by my two daughters Mary Kirk Jarvis and Elizabeth Kirk on the days and times above mentioned in the above devise And I charge the Estates hereinafter devised to my said two daughters with the true payment of the said two Annuities as aforesaid
And I Give my said Wife the same power of enforcing payment of the said three several annuities or any or either of them as Landlords have for enforcing and obtaining payment of rent in arrear
I Give and devise unto my said two daughters Mary Kirk Jarvis and Elizabeth Kirk All those two Closes or Grounds inclosed lying near the Scalford Wash Dyke which I lately purchased of Mr Parkers Trustees containing seven acres more or less And also all that other Close lying near the above and adjoining the Road to Melton containing three acres and three roods which I purchase of Mr Pettifor To hold the said several Closes or Grounds inclosed with their appurtenances Unto and to the use of my said Two Daughters their heirs and assigns for ever as Tenants in common and not as joint tenants
I Give and devise unto my said daughter Mary Kirk Jarvis All those Closes or Grounds inclosed Lands and Hereditaments situate at Harby in the said County occupied by Mrs Musson Widow containing eight acres and a half more or less And also three tenements situate in Pall Mall in Melton Mowbray aforesaid in the several tenures of [blank] Rippin [blank] Braunston an [blank] Wade To hold to her my said Daughter Mary Kirk Jarvis her heirs and assigns for ever
I Give and devise all those two Dwellinghouses and Hereditaments situate in Holwell in the said County occupied by [blank] Lowe and James Stanhope Unto my said Daughter Elizabeth Kirk her heirs and assigns for ever
I Give and devise all those two Tenements or dwellinghouses with the yards Gardens outbuildings and appurtenances situate in Scalford aforesaid in the several tenures of myself and [blank] Rose And also six closes or Grounds inclosed Lands and Hereditaments in the Lordship of Scalford aforesaid containing twenty two acres more or less and also one other small Close containing one acre and twenty seven perches which I purchased of Mr Parkers Trustees Also one other small Close containing one acre and three roods bought of the late Mr Lancaster And also two other Closes or Grounds inclosed adjoining the foot road to Melton Mowbray containing six acres more or less And also two other closes of Land adjoining the Lordship of Wykeham containing twelve acres and a half more or less the whole of which lands are in my own occupation Unto my said Son William Thomas Kirk To hold the same with their an every of their appurtenances unto my said Son William Thomas Kirk his heirs and assigns for ever
And I Give and bequeath unto him all the live and dead farming Stock including Hay which may at the time of my decease be in and upon the said land and premises so devised to him as aforesaid
Also I Give and devise All that Public House called the Union Inn situate in Wharf Street in the Borough of Leicester in the Tenure of Mrs Sansome with the right members and appurtenances thereto belonging And also all those four Messuages tenements schoolhouse and hereditaments situate at Upper Broughton in the County of Nottingham And also all those five closes or grounds inclosed lands and premises in the Lordship of Upper Broughton aforesaid containing sixteen acres or thereabouts in the occupation of John Woolley And all other my Real Estate whatsoever not hereinbefore by me disposed of and whether in possession reversion remainder or expectancy unto my aforesaid two daughters Mary Kirk Jarvis and Elizabeth Kirk their heirs and assigns for ever To hold the same as Tenants in common and not as joint tenants
And I hereby appoint my said Son William Thomas Kirk and Edward Henry Maior Clarke of Melton Mowbray Gentleman joint Executors of this my last Will and Testament
I Give and bequeath all my monies and securities for money belonging to and due to me at the time of my decease Unto my said two daughters Mary Kirk Jarvis and Elizabeth Kirk for their own use subject to their paying thereout All my just debts and funeral and testamentary expenses
And as to all my Furniture Plate Linen Lands Chattels and Effects and all other the residue and remainder of my personal Estate not hereinbefore disposed of I Give and bequeath the same unto and between my said Wife Son and two daughters share and share alike
And Lastly I declare that my said Executors shall be at Liberty out of the said trust monies and premises to retain to themselves all necessary costs charges and expenses they may be at or put to in executing the trusts of this my Will and that neither of them shall be answerable for anything except his own wilful neglects and defaults only nor for the failure of any Banker or Broker in whose hands any of the trusts premises may be placed for safe custody nor for involuntary losses
In Witness whereof I the said William Kirk the Testator have to this my last Will and Testament written on three sheets of paper to each of which I have set my hand his thirteenth day of April One thousand eight hundred and fifty eight
William Kirk
Signed published and declared by the said William Kirk the Testator as an for his last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other at the same time set our hands as witnesses thereto the word “Ten” on the seventh line of the first sheet from the top being first written on an erasure
J Miles Melton Mowbray
Josh Miles Junr Melton Mowbray
Whereas I William Kirk of Scalford in the County of Leicester Grazier have duly made my last Will and Testament in writing bearing date the thirteenth day of April one thousand eight hundred and fifty eight Now I declare this to be a Codicil to my said Will to be annexed thereto and taken as part thereof
I Give and devise All that Messuage or Tenement with outbuildings and premises thereto belonging and also two Closes of land adjoining situate in Scalford aforesaid and which I lately purchased of The Reverend Thomas Peter Tempest and others unto my Son William Thomas Kirk his heirs and assigns for ever Subject to the payment of the two Legacies hereinafter bequeathed
I Give and bequeath unto each of my two daughters namely Mary Kirk Jarvis and Elizabeth Reynolds the Legacy or sum of Two hundred pounds apiece absolutely And I hereby subject and charge my Real Estate hereinbefore devised to my Son William Thomas Kirk with the true payment thereof And I direct that the same shall be paid by my said Son to the said Legatees within six months after my decease
I confirm my said Will in all other respects
In Witness whereof I have hereunto set my hand this twenty first day of January one thousand eight hundred and sixty two
William Kirk
Signed published and declared by the said William Kirk as and for a Codicil to this last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other at the same time subscribed our names as Witnesses thereto
EHM Clarke Melton Mowbray
J Miles Melton Mowbray
I William Kirk of Scalford in the County of Leicester Grazier have duly made my last Will and Testament in Writing dated the 13th day of April one thousand eight hundred and fifty eight with a Codicil thereto Now I declare this to be a second Codicil to my said Will to be annexed thereto and taken as part thereof
Whereas I have in my said Will devised two Closes lying near Scalford Nash Dyke which I purchased of Mr Parkers Trustees And also another Close lying near the above and adjoining the Melton Road which I purchased of Mr Pettifor unto my Two daughters Mary Kirk Jarvis and Elizabeth Kirk (now Elizabeth Reynolds) their heirs and assigns as Tenants in common Now I hereby absolutely revoke and make void such devise to my said daughters And I do hereby give and devise the same three closes Hereditaments and premises with the appurtenances unto my Son William Thomas Kirk his heirs and assigns for ever Subject nevertheless to the payment of the two following Legacies to my said daughters
I Give and bequeath unto each of my said two daughters Mary Kirk Jarvis and Elizabeth Reynolds the legacy or sum of Two hundred pounds apiece absolutely and I hereby subject and charge the three Closes above devised to my said Son with the just and true payment thereof to be paid to them by my said Son within twelve months after my decease provided and it is my express will and I do hereby give to my Wife Sarah Kirk full power and authority to reside in the house now occupied by me at Scalford aforesaid during her Widowhood without paying any rent whatsoever for the same
In all other respects I ratify and confirm my said Will and first Codicil
In Witness whereof I have hereunto set my hand this second day of August One thousand eight hundred and sixty four
William Kirk
Signed published and declared by the said William Kirk the Testator as and for a Codicil to his last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other at the same time subscribed our names as Witnesses thereto
EHM Clarke
J Miles
Proved at Leicester with two Codicils the sixth day of March 1866 by the oaths of William Thomas Kirk Son of the deceased and Edward Henry Maior Clarke the Executors named in the Will to whom Administration was granted
The Testator William Kirk was late of Scalford in the County of Leicester Grazier and died on the fourth day of January 1866 at Scalford aforesaid
Under £1,500