William Mackley of Long Clawson 1839 Will
Leicestershire, Leicester and Rutland Archives, PR/T/1839/112
This is the last Will and Testament of me William Mackley of Long Clawson in the County of Leicester Grazier
I direct all my just debts funeral and Testamentary expences to be fully paid
I Give Devise and bequeath All my Real and Personal Estate and Effects of every description of which I shall die possessed unto my affectionate wife Sarah Mackley and her assigns for and during the Term of her natural life
And from and immediately after her decease I Give Devise and bequeath the same unto my only Son John Mackley his heirs executors administrators and assigns for ever Provided and my Will expressly is that in case my said Son shall happen to die in the life time of my said wife Then I Give Devise and bequeath All my said Real and Personal Estate (at my Wifes death) Unto my two friends Edward Moore of Long Clawson aforesaid Farmer and William Clarke of Melton Mowbray Auctioneer their heirs executors Administrators and assigns for ever Upon Trust as soon as convenient after the death of my said Wife (if my son shall have died in her life time) to make Sale of all my said Real and Personal Estates and Effects at such times and in such manner as my said Trustees shall think proper and either by Public Auction or Private Contract and with the monies arising from the Sales thereof to divide and pay the Same equally unto and amongst all my Grandchildren (the Sons and daughters of my said Son) share and share alike if more than one and if but one Then to such only Grandchild his or her Executors or administrators
And I do declare that the Receipt or Receipts of my said Trustee or the Survivor of them or the heirs executors or administrators of such survivor shall be good and sufficient discharge and discharges to the Purchaser or Purchasers of all or any part of my said Real Estates who shall not be obliged to see to the application or be answerable for the misapplication or nonapplication thereof
And I do appoint my said Wife Sarah Mackley Sole Executrix of this my last Will and Testament hereby Revoking all former Wills by me made
And Lastly I do direct that my said Trustees be at liberty out of the said Trust monies and premises to Retain all necessary expences they may be at in executing the aforesaid Trusts and that neither of them shall be answerable for any thing except his own wilful neglect or default not one for the other but each for his own acts deeds neglects or defaults
In Witness whereof I have hereto set my hand seal this Tenth day of April one thousand eight hundred and Thirty eight
William Mackley
Signed sealed published and declared by the said Testator William Mackley as and 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 set our hands as Witnessed to the due Execution thereof
Sarah Clark
Ann Tyers
Wm Clark
Jany 29th 1839
Sarah Mackley of Long Clawson in the County of Leicester Widow the Sole executrix in the Will named was duly sworn to the truth and faithful performance thereof as usual and also that the goods, Chattells and credits of the said deceased without deducting any debts due and owing by him do not amount in value to the sum of Two Hundred Pounds and that the deceased died on the seventeenth day of September last past
Before me John J Hallifax Surrogate to the Commissary
On the 1st Feby 1839 … Will exhibited before the Rev: Jemson Davies Clerk MA and Surrogate and Probate decreed to pass Seal in the presence of us
John Stockdale Hardy Dep Registrar
Same Day Probate dated signed by J Stockdale Hardy Dy Regr
