John Marriott of Long Clawson 1841 Will
Leicestershire, Leicester and Rutland Archives PR/T/1841/106
This is the last Will and Testament of me John Marriott of Long Clawson in the County of Leicester Yeoman
First I direct all my just debts funeral and Testamentary expences to be fully paid
I Give Devise and bequeath All those my Messuages or Tenement Yards Gardens Orchard homestead hereditaments and premises situate in Long Clawson in the County of Leicester aforesaid in the several occupations of William Marriott and Thomas Hand and all other my Real Estate with their Appurtenances And all my Personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the same may be of which I shall die possessed unto my Two friends Henry Hebb and Edward Moore both of Long Clawson aforesaid Farmers and Graziers their heirs executors administrators and assigns for ever Upon the several Trusts intents and purposes hereinafter expressed and declared concerning the same
Upon Trust after paying my just debts funeral and Testamentary expences to permit and suffer my affectionate Wife Alice Marriott to receive the Rents issues Interest and produce of my said Real and Personal Estate and Effects for and during the Term of her natural life Provided my Will is that in case my said Wife shall marry again Then I do direct that the legacy or sum of One hundred pounds shall be paid out of my Personal Estate unto my daughter Mary Dalby for her own use within six Months after the Marriage of my said Wife And from and immediately after the decease of my said Wife Then Upon further Trust that they the said Henry Hebb and Edward Moore or the Survivor of them or the heirs executors or administrators of such Survivor do and shall pay such rents issues Interest and produce arising from my said real and personal Estate unto my said daughter Mary Dalby or her assigns for and during the Term of her natural life
And from and after her decease Then I Give and Devise and bequeath All my said Real and Personal Estate and Effects unto and amongst all and every the Child and Children of my said daughter Mary Dalby his her or their heirs executors administrators and assigns for ever share and share alike as Tenants in common and not as Joint Tenants Provided and my Will further is that in case my said daughter shall happen to die without issue Then I direct my said Trustees or the Survivor of them his heirs executors or administrators as soon as convenient after her decease to make sale of my said Real and Personal Estate in such Manner as they shall deem most advisable for the most money that can be gotten for the same And with the purchase monies arising therefrom (after paying the expences incident to such Sale or Sales) to pay and divide the same equally unto and amongst all my brothers and sisters their executors administrators share and share alike
And for facilitating the Sale of my said Real Estate and the indemnity of the purchaser or purchasers thereof I do declare that the receipt or receipts of my said Trustees or the Survivor of them his Executors or administrators shall be good and sufficient discharge and discharges for so much money as shall in such receipt or receipts be expressed to be received and that such purchaser or purchasers shall not be obliged to see to the application of such purchase monies or be answerable for the misapplication thereof or of any part thereof
And I appoint the said Henry Hebb and Edward Moore Joint Executors In Trust of this my last Will and Testament hereby Revoking all former Wills by me made
And Lastly my Will is that my said Trustees shall be at liberty out of the said Trust monies and premises to retain all necessary costs charges and expences they shall be at or put to 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 and defaults only
In Witness whereof I have hereunto Set my hand and Seal this eighth day of March One thousand eight hundred and Thirty one
John Marriott
Signed sealed published and declared by the said Testator John Marriott as and for his last Will and Testament in the presence of us who have at this Request in his presence and in the presence of each other set our hands as Witnesses to the due Execution thereof
Thos Clarke
EHM Clarke
William Hardy
9th November 1841
Henry Hebb of Long Clawson in the County of Leicester Grazier one of the Executors in this Will named was duly sworn to the truth and faithful performance thereof as usual and that the Goods chattels and credits of the Deceased without deducting anything for Debts owing by him therefrom do not amount in value to the sum of Four hundred and fifty pounds And that the Deceased died on the ninth day of March last
Before me RF Creighton Surrogate of the Archdeacon
On the 12th November 1841 Origl will exhibited before the Revd Jemson Davies Clerk MA & Surrogate & Probate (with reservation for Edward Moore the other Executor) decreed to pass Seal to the above named Henry Hebb in the presence of
John Stockdale Hardy
Registrar
Same day Probate dated
On the seventh day of April 1875the above named Edward Moore by an Instrument in writing under his hand renounced the Probate and execution of the within will and the said Instrument was filed this 10th day of April 1875
Geo H Nevinson ) District
Thos Nevinson ) Registrars
In Her Majesty’s Court of Probate
The District Registry at Leicester
In the Goods of John Marriott deceased
Whereas John Marriott late of Long Clawson in the County of Leicester Yeoman deceased died on the ninth day of March one thousand eight hundred and forty one at Long Clawson aforesaid having at the time of his death a fixed place of abode at Long Clawson aforesaid within the district of the Counties of Leicester and Rutland and having made and duly executed his last Will and Testament bearing date the eighth day of March one thousand eight hundred and thirty one and thereof appointed Henry Hebb and Edward Moore joint Executors and Residuary Legatees in Trust And whereas on the twelfth day of November one thousand eight hundred and forty one Probate of the said Will of the said John Marriott deceased was granted by the Court of the Archdeacon of the Archdeaconry of Leicester to the said Henry Hebb one of the Executors therein named Power being reserved of making the like grant to Edward Moore the other Executor when he should apply for the same Now I the said Edward Moore do hereby declare that I have not intermeddled in the personal estate and effects of the said deceased and will not hereafter intermeddle therein with intent to defraud creditors And I hereby renounce all my right and title to the Probate and execution of the said Will
Edward Moore
Signed by the said Edward Moore this seventh day of April 1875 in the presence of
J Paddison Solicitor Melton Mowbray
Renunciation filed 10 April 1875 in District Registry at Leicester by Joseph Paddison solicitor of Edward Moore
