Ann Mackley of Harby 1823 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records
This is the last Will and Testament of me Ann Mackley of Harby in the County of Leicester Widow
First I direct all my just debts funeral Expences and the Costs of Proving this my Will to be paid and discharged as soon as conveniently may be after my decease by my Executors hereinafter named
I Give unto my two Nephews Richard Smith of Cropwell Bishop in the county of Nottingham Farmer and John Smith the Younger of the same place Farmer their executors and administrators the sum of Three hundred pounds to be paid to them immediately after my decease In trust to put and place the same out at Interest on Government or Real security (with full power and authority to call in the same and replace it from time to time as circumstances or occasion may require) and receive and pay such Interest unto my Daughter Sarah Mackley during her life or apply the same in maintaining and providing for her in such manner as they my said Executors shall think proper and most for the comfort and advantage of my said Daughter Sarah Mackley
And after her decease Then as to the Sum of one hundred and fifty pounds part of the said Sum of three hundred pounds In trust to place or continue the same out at Interest as aforesaid and pay such Interest to my Daughter Margaret Gunn for her life and on her decease to call in the principal of the said Sum of one hundred and fifty pounds and pay the same to and equally between Ann Gunn and Robert Gunn Children of the said Margaret Gunn on their attaining Twenty one or wholly to the survivor in case one shall die before attaining Twenty one without Issue but if one ofrboth shall die before Twenty one leaving lawful Issue of his or her body such Issue to take and have the share which the parent would have been intitled unto if living
And as to the Sum of one hundred [“and fifty” missing] pounds residue of the said Sum of Three hundred pounds In trust to place or continue the same out at Interest as aforesaid and pay such Interest to my Daughter Elizabeth Henshaw for her life and on her decease to call in the principal of the said Sum of one hundred and fifty pounds and pay the same unto or equally among all the Children of the said Elizabeth Henshaw now born or hereafter to be born and in case any of such children shall die before Twenty one leaving Issue such Issue to take their respective parents share but in case of any such death without Issue the Survivors or Survivor of the Children of the said Elizabeth Henshaw to take the said Sum of one hundred and fifty pounds
Provided that in case any Child or Children of the said Elizabeth Henshaw shall die in her life time (either before or after Attaining twenty one) leaving Issue of his her their Body or Bodies living at the decease of the said Elizabeth Henshaw then such Issue shall be entitled to have and receive the share or shares of their respective parents
And I do here direct that during the Minority of any Child Children or Issue Apparently to become entitled to trust property under this my Will my Trustees and Executors shall receive and Apply the Interest of their presumptive shares in or towards their respective maintenance
I also Give unto my Daughter Sarah Mackley the use and faire wear of my Feather bed bolster and pillows three pair of my best sheets three White Blankets Green Coverlet and best flowered Coverlet my Bed Stead and red and White Hangings an Oak Chest of Drawers and six Silver Tea Spoons not marked and after her decease I Give the abovementioned spoons to my Grand daughter Sarah Barnes and I Give all the rest of the above articles and things unto such of the Children of my said Daughter Elizabeth Henshaw shall be living at the time of the decease of my said Daughter Sarah Mackley equally if more than one and to be divided by my Executors if the said Children cannot of themselves agree
And I do hereby will order and direct that my said Trustees Richard Smith and John Smith or the Survivor of them his executors and administrators shall have the management and care of my said Daughter Sarah and full power to remove her and her property from time to time as circumstances may require from any of my Children with whom she may happen to live to any other of my Children or other person or persons
And I do direct will order and declare that in case the Interest of the said Sum of three hundred pounds and the further annual Sum of Five pounds hereinafter given shall not in the judgment of my said Trustees or the Survivor of them his executors or administrators be sufficient to maintain and provide for my said Daughter in a proper and comfortable manner then they my said Trustees shall have and I hereby authorize and empower them and the Survivor of them his executors or administrators to lay out and expend any part of the said Principal Sum of three hundred pounds (and even the whole if circumstances shall require it) in the maintenance and provision of my Daughter Sarah during her life as aforesaid And at all events I direct that on the death of the said Sarah Mackley my Trustees shall cause her remains to be decently interred and a Head Stone placed over her Grave the charges of which they shall defray out of the said Sum of three hundred pounds and such part of the said principal Sum of three hundred pounds as shall be so expended by my said Trustees in manner aforesaid shall be borne or abated by the Legatees or parties to whom I have hereinbefore given the same after the decease of my said Daughter Sarah (in proportion to their respective shares thereof) hereinbefore given or directed to be paid
I Give unto my Daughter Margaret Gunn the Sum of One hundred pounds to be paid to her at the end of twelve Calendar Months from my decease with lawful Interest thereon from my decease
I also Give unto my said daughter Margaret my Clock and Mahogany Tea Board
I Give unto my said Daughter Elizabeth Henshaw for her life the use of my Tea Table, Tea Stand, a Mahogany Chest of Drawers, Six parlour Chairs Six pewter plates marked “AS” Four Barrells namely a Fifteen, seven, five and three Gallons, two Brass Candlesticks and Oak Chest, a Milch Cow of the value of Ten pounds and on the decease of the said Elizabeth Henshaw I Give the same Among all her Children equally which shall be living at her decease to be divided as aforesaid
And I Give to my Grandson William Barnes my Gun and Silver Cup marked WmA
And I Give to my Grand daughter Sarah Barnes my Oak Dining Table and to my Grand daughter Elizabeth Barnes my set of China and best Fender
I Give and bequeath unto the said Richard Smith and John Smith the sum of two hundred pounds In trust that they or the Survivor of them his executors or administrators do and shall put and place the same out at Interest on Government or Real Security (with full power and Authority to call in and replace the same) and receive and pay the Interest and produce thereof unto my said Daughter Elizabeth Henshaw during her life and after her decease then In trust to pay the said principal Sum of two hundred pounds unto the Child or all and every the Children of my said Daughter Elizabeth Henshaw or their Issue in such manner as the sum of one hundred and Fifty pounds is hereinbefore given unto or among them Provided that in case the Interest or Dividends of the said Sum of two hundred pounds shall not amount to Ten pounds a year then I direct that the same shall be made up ten pounds a year out of the said principal Sum of two hundred pounds
And I do hereby Will order and direct that what I have hereinbefore given unto my said Daughter Elizabeth Henshaw shall be paid or delivered into her own hands for her own use and for which her Receipt Alone and no other shall be a good discharge to the intent that the same shall not be liable to the debts controul or engagements of her present or any future Husband
I Give all my Clothes and Wearing Apparel unto my said Two Daughters Sarah and Elizabeth equally share and share alike
And I Give unto my said Trustees the Sum of Five pounds a year during the life of my said Daughter Sarah to be received by them half yearly and paid or applied in or for the maintenance of my said daughter Sarah in aid of the Interest of the Sum of Three hundred pounds hereinbefore given for that purpose and on the decease of my said Daughter I Give the Sum of One hundred pounds unto and equally among my Grand Children William Barnes, Sarah Barnes and Elizabeth Barnes
And I Give to my said Grand Children William Barnes, Sarah Barnes and Elizabeth Barnes the Sum of one hundred pounds apiece to be paid on their severally Attaining twenty one And I direct that in case any of the shall die under Twenty one leaving Issue such Issue shall take the Legacy and benefit hereby given to their respective parents but in case of any such death without leaving Issue the Survivors or Survivor to take as well the original as any accruing share
And I do further will and direct that what I have hereinbefore given unto or for the benefit of my said two Daughters Sarah and Elizabeth shall be paid to them in full, without deducting the Legacy Duty or any other charge And I charge such Legacy Duty and other payments thereon (if any) on the residue of my personal Estate hereinafter disposed of and direct that the same shall be paid and discharged thereout accordingly
And subject to what is hereinbefore given and expressed I Give all the rest residue and Remainder of my personal Estate and Effects unto my Son in Law William Barnes the Husband of my late Daughter Ann Barnes absolutely
And I do nominate and Appoint the said Richard Smith and John Smith joint Executors in trust of this my Will And I do direct that my said Trustees or Executors shall not be answerable or accountable for any loss or deficiency which may happen in or to my said trust property so that same happen without his or their wilful neglect or default And that one of them shall not be accountable for the other of them or for the acts deeds receipts or payments of the other of them (notwithstanding them joining in any receipt or other act for the sake of conformity only) And that they and each of them shall and my by and out my said trust property deduct retain and reimburse themselves and each other all such loss costs charges damages and expences which they or either of them shall or may suffer sustain expend or be put unto in the execution of this my Will in any wise relating thereto
And I revoke all former Wills by me made Provided Always and I do hereby direct that in case my Son in Law William Barnes continues unmarried my Executors shall not call on him to Pay the Legacies hereinbefore given to his Children until they Actually become due
In Witness whereof I the said Testatrix Ann Mackley have hereunto set my hand sand seal this eighth day of July in the Year of our Lord one thousand eight hundred and Twenty
Ann Mackley
Signed sealed published and declared by the said Testatrix Ann Mackley as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have subscribed our names as Witnesses
Wm Wise
Wm Williams
13th October 1823
Let a probat be granted to Richard Smith & John Smith of Cropwell Bishop in the County of Nottingham Farmers joint Executors named in the will of Ann Mackley who died in the Parish of Harby in the County of Leicester on the seventeenth day of May 1823
They the said Richard Smith & John Smith being duly sworn as well to the faithful execution of the Will as that the Testators Goods, Chattles & Credits as they were at her death with the Archdeaconry of Leicester without deducting any debts owing by her therefrom did not amount in value to the sum of three hundred pounds
Before me William Greenwood Surrgt to the Commissary
16 October 1823
Probat passed the seal of the Commissary
W Harrison Depy Regr
