William Marriott of Long Clawson 1805 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1805
In the name of God Amen This is the last Will and Testament of me William Marriott of Claxton otherwise Long Clawson in the County of Leicester Gentleman
I give grant and devise unto my loving Wife Elizabeth Marriott and her Assigns for and during the term of her natural Life one clear yearly Annuity Rent Charge or sum of twenty five pounds of lawful Money of Great Britain to be Issuing and payable out of all and every of the Lands and Hereditaments hereinafter by me given and devised to my son Robert Marriott the said Annuity or Rent Charge to be paid to my said Wife by equal half yearly payments (That is to say) on the fifth day of April and the tenth day of October in every year the first payment whereof to begin and be made on such of the said days as shall first and next happen after my decease and always to be paid free and clear of and from all manner of Taxes Charges and Impositions whatsoever to be taxed charged or assessed upon the said Annuity or upon my said Wife in respect thereof by authority of Parliament or otherwise howsoever and if it shall happen that the said Annuity or Rent Charge of twenty five pounds or any part thereof shall be behind or unpaid by the space of twenty days next over or after any or either of the said days whereon the same is made payable or ought to be paid as aforesaid being first lawfully demanded that then and from thenceforth and from time to time as often as the same or any part thereof shall be so in arrear and unpaid it shall and may be lawful to and for my said Wife and her Assigns upon the said Lands Hereditaments and premises every or any part or parts thereof to enter and distrain and the distress and distresses there found to take lead drive and carry away and to impound detain or otherwise to sell and dispose of the same untill thereby or otherwise she and they shall be lawfully satisfied and paid such Annuity or yearly Rent Charge or so much thereof as shall be in arrear together with all Costs Charges and Expences whatsoever as shall be occasioned by such distress and sale
Also I give grant and devise unto my said Wife Elizabeth Marriott and her Assigns one other Annuity or clear yearly Rent Charge of twenty five pounds of lawful Money of Great Britain for and during the term of her natural Life to be issuing and payable out of all and every the Lands and Hereditaments hereinafter by me given and devised to my son James Marriott and to be paid and payable to her half yearly in the manner and with the like power for my said Wife Elizabeth Marriott to enter upon the said Lands and Hereditaments last mentioned and to make distress and distresses and to make sale thereof in case of non payment of her said Annuity of twenty five pounds or any part thereof as aforesaid
Also I give grant and devise unto my Daughter Jane Glover the Wife of William Glover of Whissendine in the County of Rutland One Annuity or clear yearly Rent Charge of five pounds of like lawful Money as aforesaid for and during the term of her natural Life to be issuing and payable out of all and every the said Lands and Hereditaments hereinafter by me given and devised to my said son Robert Marriott and to be paid and payable to her half yearly on the tenth day of October and the fifth day of April in every year the first payment whereof to be made on such of the said days as shall next happen after my decease And I do hereby direct that her Receipt and Receipts alone notwithstanding her present or any future Coverture and whether she shall be sole or Covert shall be a good and sufficient discharge to the person or persons who shall pay the said Annuity or Rent Charge or any part thereof for so much for which such Receipt shall be given and which said Annuity or Rent Charge shall not be at the disposal or subject or liable to the power controul debts or engagements of her present or any future Husband but at her own sole and separate disposal with the like power and with the same authority for my said Daughter Jane Glover to enter upon the said Lands and Hereditaments and to make distress and distresses and to make sale thereof in case of non-payment of such Annuity or any part thereof as is hereinbefore given to my said Wife in case of non-payment of her Annuity or Rent Charge of twenty five pounds a year or any part thereof as aforesaid
Also I give grant and devise unto my said Daughter Jane Glover one other Annuity or clear yearly Rent Charge or sum of five pounds of like lawful Money as aforesaid for and during the term of her natural Life to be Issuing and payable out of all and every the said Lands and Hereditaments herein after by me given and devised to my said son James Marriott and to be paid and payable to her half yearly on the tenth day of October and the fifth day of April in every year the first payment whereof to be made on such of the said days as shall first and next happen after my decease and I do hereby direct that her Receipt alone notwithstanding her present or any future Coverture and whether she shall be sole of covert shall be a good and sufficient discharge to the person or persons who shall pay the said Annuity or Rent Charge or any part thereof for so much for which such Receipt shall be give and which said Annuity or Rent Charge shall not be at the disposal or subject or liable to the power controul debts or engagements of her present or any future Husband but at her own sole and separate disposal with the like power and with the same authority for my said Daughter Jane Glover to enter and distrain upon the said Lands and Hereditaments and to make distress and distresses and to make sale thereof in case of nonpayment of such Annuity or any part thereof as is herein before given to my said Wife in case of nonpayment of her Annuity or Rent Charge of twenty five pounds a year or any part thereof as aforesaid
I give and devise all that my Messuage or Tenement with the Orchard and appurtenances thereunto belonging situate and being in Claxton otherwise Long Clawson aforesaid together with all that Close called or known by the name Gough Close which I purchased of Joel Shuttlewood and all the Closes Lands and Hereditaments lying and being in Claxton otherwise Long Clawson aforesaid which I purchased of William Linnaker and all that my Close commonly called the Town end Close containing four Acres or thereabouts with the appurtenances thereunto respectively belonging unto my said Wife Elizabeth Marriott and her Assigns for and during the term of her natural Life and from and after her decease I give and devise the same and every part thereof with the Appurtenances As also immediately on and after my decease I give and devise All those my several Closes pieces or parcels of inclosed Land or Ground with the appurtenances situate and being in the Lordship of Claxton otherwise Long Clawson aforesaid and called or known by the names of the far long Sick Close the westward Acrehill Close Cookes northing Close the west northing Close the little Molehill Close and four Acres two roods thirty perches of my Brickkiln Close to be set out and fenced off on and from the west side thereof and on the south end of the said little Molehill Close so as to adjoin the said little Molehill Close the Allotment of Land belonging to Saxeby Poor and the public carriage Road from Claxton otherwise Long Clawson aforesaid to Nether Broughton and Also all the west side of part of the first Long Sick Close to be set out and fenced off from the east side or part of the said first Long Sick Close by a straight fence from the North West Corner of the said little Molehill Close to the south east Corner of the Long Sick Meadow hereinafter given and devised to my said Son James Marriott and I do hereby direct that the said four Acres two roods and thirty perches of the said Brickkiln Close shall be measured off and divided from the other part of the said Brickkiln Close hereinafter given and devised to my said son James Marriott by or under the direction of my Friends Edward Moore Grazier and Robert Goodacre Yeoman both of Claxton otherwise Long Clawson aforesaid and I do direct that my said Son James Marriott and the owners and occupiers of the Lands and Premises by me given and devised to him shall defray the expences of making and ever after keeping in repair a good and substantial Fence to divide the said Brickkiln Close as my said Friends shall direct and that my said son Robert Marriott and the owners and occupiers of the Lands and Premises by me given and devised to him shall defray the expences of making and ever after keeping in repair a good and substantial Fence in such place and manner as they my said Friends shall direct to divide the said first Long Sick Close as hereinbefore by me directed all which said Closes and Premises are now in the occupation of myself and William Steel Unto my said Son Robert Marriott and his Assigns for and during the Term of his natural Life without Impeachment of or for any manner of waste And from and after his decease I give and devise the same Lands Tenements Hereditaments and premises and every part thereof with the appurtenances unto my said Friends Edward Moore and Robert Goodacre and their Heirs upon Trust nevertheless to preserve the contingent uses and Estates hereinafter limitted from being defeated or destroyed and for that purpose to make entries and bring Actions as occasion shall require yet nevertheless to permit and suffer my said Son Robert Marriott and his Assigns to receive and take the Rents Issues and Profits thereof and of every part thereof during his Life and from and after his decease I give and devise the same Lands Tenements Hereditaments and Premises with the appurtenances unto and amongst all and every the Issue Child and Children of him my said Son Robert Marriott Lawfully begotten and to be begotten in equall shares and portions and to their respective Heirs and Assigns for ever to take as tenants in common and not as joint Tenants Subject nevertheless to the said Annuities charged thereon as aforesaid
And Also subject to and I do hereby charge and make chargeable the said Lands and premises and every part thereof with the payment by my said Son Robert Marriott or the Person or Persons who shall when the same shall become payable by virtue of this my Will be in the possession of the same Lands Tenements Hereditaments and premises of the sum of one hundred pounds which sum I give and bequeath unto and among all and every the Issue Child and Children of my said Daughter Jane Glover born and lawfully to be born in equal shares and portions and to be paid to them on the death of my said Daughter or on their attaining the Age of twenty one years if on that event happening they or any of them shall be under that Age and my mind and will is that if any of the Children of my said Daughter shall die before their part or share of the said sum of one hundred pounds shall become payable as aforesaid without leaving lawful Issue that then and in such Case the part or share of him her or them so dying shall go to and be paid and payable unto and amongst the Survivours and Survivour of them in equal shares and portions and if but one to such one
Also I give and devise All that my Messuage or Tenement Out Buildings Yard Orchard and premises situate and being in Claxton otherwise Long Clawson aforesaid which were lately occupied by Robert Shuttlewood and which are now in my own Occupation and which I have for some Weeks permitted my said Daughter Jane Glover to lodge unto my Son in Law John Orson his Executors Administrators and Assigns to stand seized and possessed thereof in Trust only for and during the term of the natural Life of my said Daughter Jane Glover and I do hereby will and direct that my said son in law John Orson shall immediately after my decease enter into the possession of the said premisses herein before given and devised to him and let and set the same or keep the said premises in his own occupation and receive and take the Rents Issues and Profits thereof and pay or apply the same for the use of my said Daughter Jane Glover or her Children in such manner as he and they respectively shall think fit and I do hereby direct that my said Daughters Receipt along not withstanding her present or any future Coverture and whether she shall be sole or Covert shall be good and sufficient discharge to the Person or Persons who shall pay the Profits or any part thereof arising from the said last mentioned Messuage and premises to her for so much for which such receipt shall be given and that the said Rents and Profits so paid to her or applied for her use shall not be at the disposal or subject or liable to the power controul debts or engagements of her present or any future Husband but shall be at her own sole and separate disposal for her own benefit and for the benefit of her Children
And from and after the decease of my said Daughter Jane Glover I give and devise the said last mentioned Messuage and Premises and every part thereof with the appurtenances As also immediately on my decease I give and devise unto my said Son James Marriott and his Assigns for and during the Term of his natural Life without Impeachment of Waste All those my several Closes pieces or parcels of inclosed Land or Ground with the appurtenances situate and being in the Lordship of Claxton otherwise Long Clawson aforesaid and called or known by the names of The Spinney, The East northing Close, Hall Pen Close, The Acrehill Barn Close, The Long Sick Meadow Close and also all that other part of my said Close called the first Long Sick Close being the Eastward part thereof to be divided in the manner herein before mentioned in respect of the devise of the other part thereof to my said Son Robert Marriott And Also all that other part of my said Brickkiln Close containing twenty two Acres and six perches or thereabouts being the Eastward part thereof to be divided in manner likewise as herein before mentioned in respect of the devise of the other part thereof to my said Son Robert Marriott and from and after the decease of my said Son James Marriott I give and devise all and singular the said Messuage or Tenement Closes Lands Hereditaments and Premises and every part and parcel thereof with the appurtenances unto the said Edward Moore and Robert Goodacre and their Heirs In Trust only to support and preserve the contingent uses and Estates hereinafter limitted from being defeated or destroyed and for that purpose to make entries and bring Actions as occasion shall require yet nevertheless to permit and suffer my said son James Marriott and his Assigns to receive and take the Rents Issues and Profits thereof for and during the Term of his natural Life and from and immediately after his decease I give and devise the same unto and among all and every the Issue Child and Children of him my said Son James Marriott lawfully begotten and to be begotten in equal shares and proportions and to their respective Heirs and Assigns for ever to take as Tenants in common and not as joint Tenants Subject nevertheless to the said Annuities charged thereon as aforesaid and also Subject to and charged and chargeable with the payment of the sum of one hundred pounds which sum I give and bequeath unto and amongst all and every the Issue Child and Children born and lawfully to be born of my said Daughter Jane Glover in the same manner in every respect as the like sum is given and bequeathed to them and charged and chargeable on the Hereditaments herein before given and devised to my said Son Robert Marriott And I do hereby expressly will order and direct that the above mentioned devise to my said Son James Marriott and his Children shall be in Lieu of as an equivalent for and that it shall be taken and considered as a full discharge of all claims and demands on me my Heirs Executors Administrators and Assigns Lands Tenements Goods and Chattels which my said Son James Marriott his Heirs Executors Administrators or Assigns can shall or may have claim challenge or demand for or on Account of or in respect to the sum of one thousand pounds which I covenanted to give my said Son James Marriott as a portion And my minds and will is that my said Son Robert Marriott shall not have a Horse Drift and Carriage Road in over and through that part of my Brickkiln Close herein by me devised to my said [“son” missing] James Marriott but that my said Son Robert Marriott and the owner and occupiers and their respective Heirs and Assigns of the Lands by me hereby devised to him shall enter on to his and their Lands and Premises out of the public Carriage Road beforementioned
I give and devise unto my three Daughters Sarah the Wife of Francis Yeomans of Derby Butcher, Elizabeth the Wife of John Bonfield of Stamford in the County of Lincoln Carpenter and Mary the Wife of John Orson of Dalby on the Woulds in the said County of Leicester Farmer All those my several Closes pieces or parcels of Land or Ground with the appurtenances situate and being within the Lordship of Claxton otherwise Long Clawson aforesaid in a certain place now or heretofore called or known by the name of the West Hill Pasture containing thirty seven Acres three roods or thereabouts be the same more or less And also all that my Close commonly called the new Close containing eleven Acres or thereabouts be the same more or less all which Premises hereby devised to my said three Daughters last mentioned are now in the Occupation of Thomas Morris To hold the same unto my said three Daughters and to their respective Heirs and assigns for ever to take as Tenants in common and not as joint Tenants
Also I give and devise unto my said son in law John Orson and his heirs and assignes forever All that my Messuage or Tenement with the Orchard and Home Close thereto adjoining and belonging situate and being in Claxton otherwise Long Clawson aforesaid in the Occupation of Margaret Skinner And also all that my ancient inclosed Close called the Cowle Close adjoining the said Home Close and now in my own Occupation Subject nevertheless to and charged and chargeable with the payment of the sum of one hundred and twenty pounds which I hereby give and bequeath to my said Daughter Sarah Yeomans and also with the payment of the sum of one hundred and twenty pounds which I hereby give and bequeath to my said Daughter Elizabeth Bonfield and I do hereby charge and make chargeable all my said last mentioned Messuage Closes and Premises with the true payment thereof to be made by my said son in law John Orson his Heirs or Assigns within six calendar Months next after my decease
And Whereas in and by an Indenture of three parts bearing date the seventeenth day of May in the year of our Lord one thousand eight hundred and one and made or mentioned to be made between William Glover of Whissendine in the County of Rutland Grazier and Jane his Wife of the first part myself the therein mentioned William Marriott father of the said Jane Glover of the second part and my said son James Marriott the therein mentioned James Marriott of Welby in the said County of Leicester of the third part the said William Glover did acknowledge to be indebted to me in certain sums of Money therein mentioned and Whereas in and by the said Deed I agreed to advance and lend such sums of Money as would ennable my said son James Marriott to pay certain Debts of the said William Glover and carry on and manage his Affairs in the occupation of such Lands as he the said William Glover then occupied now I do hereby immediately after my decease give and bequeath all the sum and sums of money which I have advanced and paid in pursuance of the said in part recited Indenture for the purpose mentioned therein and all the sums of Money which are due to me from the assigned Effects and Estate of the said William Glover by virtue of the said Indenture And all my Household furniture Implements in Husbandry Brewing Vessels Plate and Linen and effects in my House in which I now permit my said Daughter Jane Glover to lodge and which I permit her to use and Also the sum of one hundred and fifty pounds besides the sums beforementioned unto my said son in law John Orson and his Brother William Orson of Harby in the said County of Leicester Grazier their Executors Administrators and Assigns upon Special Trust nevertheless that they and the Survivour of them his Executors Administrators and Assigns shall and do immediately after my decease receive and take the same into his or their possession and stand seised thereof and place the same out at Interest or use and employ the same in the Occupation of Lands or in carrying on such Business or Businesses as they shall think fit and receive and take the Interest and profits arising therefrom and thereby And pay apply and use so much of the said Interest and Profits And also of the said principal sum or Stock (if my said Trustees shall think a part thereof necessary) towards the maintenance of my said Daughter Jane Glover and towards the maintenance education and placing out such of her Children as are now born and such as may be lawfully born to Businesses suitable to their Stations till such time as they attain their respective Ages of twenty four years at which time or times I will and direct that my said Trustees or the Survivour of them his Executors Administrators or Assigns shall and do pay such sum and sums of Money in such proportions and shares and shall assign over and deliver such part or parts of the Household Goods Chattels Cattle and Effects as they my said Trustees or either or any of them shall then stand seised of or as shall then be in their or any of their possessions by virtue of this my Will to any or all and every of such Child or Children of my said Daughter Jane Glover for Portions as she shall (notwithstanding her present or any future Coverture or whether she shall be married or sole) by and Deed or Deeds, Writing or Writings executed in the presence of two or more Credible Witnesses or by her last Will and Testament duly executed direct and appoint give and bequeath the same
And In Case my said Daughter Jane Glover shall die before all or any of her said Children shall attain to that age and leave no such direction or appointment respecting the disposition thereof or in case there be any part thereof undisposed of by her at her decease then and in either cases I give and bequeath the same and every part thereof to all and every Child and Children of my said Daughter Jane Glover in equal shares and proportions And I do hereby will and direct that my said Trustees or the Survivour of them his Executors Administrators or Assigns shall pay and assign the same to such Child or Children as he she or they attain to the said Age of twenty four Years respectively or at her decease if that event happen after they have attained that Age And my mind and will is that if any of the Children of my said Daughter Jane Glover shall die before their part or share thereof shall become payable as aforesaid without leaving lawful Issue that then and in such case the part or share of him her or them so dying shall go to and be paid and payable amongst the Survivours and Survivour of them in equal shares and if but one to such one
And I do hereby declare my will to be that it shall and may be lawful to and for my said Trustees and their respective Executors Administrators and Assigns to repay and retain to themselves out of such Monies as shall come to their hands all such costs and expences which they or any of them shall necessarily be put to in or about the Execution of the Trusts hereby reposed in them And also that my said Trustees and the Survivour of them his Executors and Administrators shall be charged and chargeable only each and every of them for and with his and their own respective Receipts and payments Acts and Wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums other than such as shall actually and respectively come to his or their hands by virtue of his my Will nor with or for any loss or damage which may happen in or about the Execution of all or any of the Trusts hereby in them reposed without his or their wilful default
Lastly All the Rest Residue and Remainder of my Household furniture Plate Linen Brewing Vessels Stock Implements in Husbandry ready Money Securities for Money personal Estate and Effects whatsoever and wheresoever not hereinbefore by me specifically given and bequeathed I give and bequeath the same and every part thereof to my said loving Wife Elizabeth Marriott for her own proper use and benefit And I do hereby make constitute and appoint my said loving Wife Elizabeth Marriott whole and Sole Executrix of this my last Will and Testament and do hereby revoke and make void all former and other Wills by me at any time heretofore made
In Witness whereof I the said William Marriott the Testator have to his my last Will and Testament contained in eight Sheets of Paper set my hand and Seal in manner following (that is to say) to the first seven Sheets I have set my hand and to his eighth and last Sheet my hand and Seal this twenty seventh day of February in the year of our Lord one thousand eight hundred and four
William Marriott
Signed sealed published and declared by the said William Marriott the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses to the due execution thereof
John Hind
James Hind
Eleanor Hind
June 24 1805
Let probat be granted to Elizabeth Marriott sole Executor of the within written Will; she being sworn to the due Execution there; and also made oath that the whole personal estate of the Testator at the time of his death did not amount to the sum of six Hundred pounds
Sworn before me Tho: Ford Surrogate