Marriott Gregory 1850 of Scalford Will

Gregory Marriott of Scalford 1850 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1850

This is the last Will and Testament of me Gregory Marriott of Scalford in the County of Leicester Farmer and Grazier

First I direct all my just debts funeral and Testamentary expences to be fully paid

I Give Devise and bequeath All my Messuages Cottages Closes Lands Tenements hereditaments and Real Estate whatsoever situate at Scalford aforesaid or elsewhere with their Rights members and Appurtenances And also All my Personal Estate and Effects whatsoever and of what nature or kind the same may be Unto my two friends John Godber Butcher and John Morris the younger Farmer both of Scalford aforesaid their heirs executors and Administrators Upon the Several Trusts hereinafter mentioned

Upon Trust in the first place to apply the Rents issues and profits arising from time to time from my said Estates and Effects for the benefit of my affectionate Wife Eliza Marriott during her Widowhood and for the maintenance education and bringing up of all my Children now born or to be born in due time after my decease Until the youngest of them attains to the Age of Twenty one years Then Upon Trust that they the said John Godber and John Morris or the Survivor of them or the heirs executors or administrators of such Survivor do and shall make sale of all my said Real and Personal Estate (except my new House at Scalford and a certain part of my Effects herein after specially Devised and bequeathed) either by Public Auction or Private Contract as my said Trustees or the Survivor of them may think best And with the Purchase monies arising therefrom to apply the same as hereinafter mentioned

And I direct that my said Trustees shall put out my Son Henry apprentice if so required to such Trade or business as may be in due time determined upon

I Give and Devise Unto my said Wife Eliza Marriott and her assigns during such part of her natural life as she shall continue my Widow All that newly erected Messuage or Tenement and Garden thereto belonging situate in Scalford aforesaid in the Tenure of Ralph Atkinson Also my two Best Bedsteads Beds and Bedding with all my Linen and such other furniture as may by my said Trustees be sufficient to furnish the said House in a comfortable manner

And after the decease or marriage again of my said Wife Then such House and furniture I will shall be sold with the other part of my said Estates and Effects if it shall so happen

I also Give and Devise Unto my said Wife Eliza Marriott and her assigns during such part of her natural life as she shall continue my Widow One Annuity or clear yearly sum of Thirty pounds of lawful English money which I will shall be paid half yearly namely on the sixth day of April and the Eleventh day of October in every year The first payment of which I will shall be made on such of the said days as shall first happen after my Wife shall leave her present home to go to reside at the House before Devised to her

And with the monies to arise from the sales of my said Real and Personal Estates and Effects as aforesaid I dispose thereof as follows

I Give and bequeath Unto my three Sons William, John, and the said Henry Marriott the Sum of Three hundred pounds apiece in addition to their portion of Residue

And as to all the rest residue and remainder of my Personal Estate and Effects I Give and bequeath the same and every part thereof Unto and amongst my six Children the said William John and Henry Marriott and my three daughters Ann Mary and Ida Marriott and any after born Child as aforesaid share and share alike

And in case any or either of them shall happen to die under age unmarried and without Issue Then the share or shares of him her or them so dying shall be paid to the Survivors or Survivor of them

And it is my express desire that my said Three Sons shall be paid the Sum of Five hundred Pounds apiece in part of their shares when and as they severally attain the age of Twenty five years

And I appoint the said John Godber and John Morris Joint Executors In Trust of this my last Will and Testament hereby Revoking All former Wills by me made

And for facilitating the Sale of my Real Estates and the Indemnity of the purchaser or purchasers thereof I declare that the Receipt or Receipts of my said Trustees or the Survivor or the heirs or assigns of such Survivor shall be good and sufficient discharge and discharges to such purchaser or purchasers who shall not be obliged to see to the application of such purchase monies or be answerable for the loss misapplication or nonapplication thereof

And Lastly my Will further is that my said Trustees or the Survivor of them or the heirs executors or administrators of such survivor shall and may retain out of the said Trust monies and premises all necessary costs charges and expences they may be at or put to in executing the Trusts of this my will and neither of them shall be answerable or accountable for the Insolvency of any Banker Broker or other person where such monies may be invested or deposited or for any loss which may happen thereof unless the same happen through his or their wilful neglect or default not one for the other but each for his own wilful Acts deeds neglects or defaults only

In Witness whereof I have hereto set may hand and seal this Twenty sixth day of July one thousand eight hundred and forty four

                                                                                                                Gregory Marriott

Signed sealed published and declared by the said Testator Gregory Marriott 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 witnesses to the due Execution thereof

Sarah Clark

Wm Clark

Scalford 27th July 1850

John Godber, Butcher and John Morris, Farmer both of the Parish of Scalford in the County of Leicester the joint executors in this will named were duly sworn to the truth and faithful performance thereof as usual as that the goods chattels and credits of the deceased do not amount in value to the sum of eight hundred pounds (£800) as that deceased died on the fourteenth day of February last part

                                                                                                                Before me John Healy Surrogate to the Commissary