John Morris of Frisby on the Wreake then Scalford 1817 Will
Leicestershire, Leicester and Rutland Archives PR/T/1817/139
This is the last Will and Testament of me John Morris late of Frisby upon the Wreak in the County of Leicester but now of Scalford in the same County Grazier
I Give and Devise unto my Brother in Law William Burrows of Wimeswould in the said County my Friend William Marriott of Scalford afordsaid and my Son in law John Marriott of Asfordby in the said County Graziers All and every my Messuages Lands Tenements and Hereditaments situate standing lying and being in Frisby upon the Wreak and Scalford aforesaid And all other my real Estate whatsoever and wheresoever with their and every of their Rights Members and Appurtenances To Hold the same unto and To the Use of them the said William Burrows William Marriott and John Marriott their Heirs and Assigns for ever
I also Give and Bequeath unto the said William Burrows William Marriott and John Marriott their Executors and Administrators All my Personal Estate and Effects whatsoever and wheresoever
And I do hereby direct and declare that they the said William Burrows William Marriott and John Marriott and the Trustees to be appointed as I shall hereafter direct and their Heirs Executors Administrators and Assigns shall be seized and possessed of the said real and personal Estates hereby devised and bequeathed to them upon the Trusts and for the Intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)
In case I shall die before I shall have conveyed the Estates at Frisby upon the Wreak aforesaid which I have agreed to Sell to William Hickling and Thomas Dennis I direct my Trustees or Trustee to convey the same Estates unto the said William Hickling and Thomas Dennis and their Heirs according to the Agreements I have made with them respectively And in Case from any unforeseen Occurrence the said Contracts or either of them shall not be carried into Execution I direct that the said Estates at Frisby upon the Wreak aforesaid or such part as shall not be conveyed under the present Contracts shall be sold to any other person or persons either by Public Auction or Private Contract and conveyed to such person or persons by my said Trustees or Trustees [sic]
And that my said Trustees or Trustee for the time being do and shall pay and discharge All my Debts of every kind which I shall owe at my death and Interest of such Debts as shall carry Interest
And do and shall out of the produce of my said Estate and Effects pay unto my Wife Ann Morris so long as she shall continue my Widow the yearly Sum of Forty Pounds clear of all Deductions whatsoever by two equal half yearly payments at Lady day and Michaelmas day the first half yearly payment to be made at such of those days as shall next happen after my death but in Case my said Wife shall Marry again her Annuity after such Marriage shall be reduced to Twenty Pounds per Annum for the remainder of her life And I do declare that the above Provision for my Wife shall be accepted by her in Bar and full satisfaction of all Dower or Thirds which she might claim out of my Real Estate of which I may die possessed
And upon further Trust that they my said Trustees or Trustee for the time being do and shall raise for the use of my three Eldest Daughters Elizabeth Morris Mary Marriott and Ann Morris the Sum of Three Hundred Pounds apiece in Addition to what they will be intitled to under their Mother’s Settlement to be paid to them respectively within twelve Months after my death and for the Use of my youngest Daughters Jane and Sarah Morris the Sum of eight Hundred Pounds apiece and pay the same to them respectively when and as my said Daughters shall respectively attain the Age of Twenty one yearsAnd I direct that lawful Interest of the said Sum of eight Hundred pounds shall be applied for the Maintenance and Education of each of my said Daughters during her Minority
And upon further Trust that they my said Trustees or Trustee for the time being do and shall (Subject to the Debts and the Provision hereby made for my Wife and Daughters) apply the Rents Issues and Profits of my said Real and Personal Estate and Effects or such part thereof as shall be necessary in the Maintenance and Education of my only Son John Morris
And it is my Wish that my Wife may live with my said Son if she continues my Widow until he shall attain the Age of Twenty four years and if he my said Son John Morris shall live to attain the Age of Twenty four years Then upon Trust that my said Trustees or Trustee for the time being do and shall immediately on my Son’s attaining that Age Convey Assign and Assure all the said Real and Personal Estate and Effects (Subject and without prejudice to the said Provisions hereinbefore expressed) unto and To the Use of my said Son John Morris his Heirs Executors Administrators and Assigns for ever
And in Case my Son shall die under the Age of Twenty four years leaving any Child or Children lawfully begotten living at his death or born in due time afterwards Then Upon Trust that my said Trustees or Trustee do stand possessed of the said Real and Personal Estate and Effects (Subject and without prejudice as aforesaid) and Convey Assign and Assure the same unto and To the Use of such Child or Children of my said Son his her or their Heirs Executors Administrators or Assigns if more than one to take as Tenants in Common but not as joint Tenants But in Case my Son shall die under the Age of Twenty four years without leaving any Child or Children living at his death or born in due time afterwards Then I direct the whole of the said Estate and Effects to be converted into Money and the money divided equally amongst my five Daughters and their respective Executors and Administrators Share and Share alike
And I do Order and direct that my Trustees or Trustee for the time being shall and may raise out of my Trust Estates any Competent Sum of Money for placing out my Son Apprentice or Clerk as he or they shall think proper Provided always and I do hereby direct that in Case my Personal Estate and Effects shall not be sufficient to answer and pay all my Debts the Legacies to my youngest Daughters and the money to be raised for putting out my Son Apprentice or in Case my said Trustees or Trustee for the time being shall think it more eligible for any of the above purposes to raise Money out of my real than personal Estate Then and in any of the said Cases my said Trustees shall and may borrow such Sum or Sums of money as shall be necessary for the purposes aforesaid from any Person or Persons willing to lend the same And for securing the said Sum and Sums of Money and the Interest which shall become payable in respect of the same it shall and may be lawful for my said Trustees or Trustee for the time being to Convey my said Real Estate hereby devised to them in Trust or any part thereof unto the person or persons who shall lend the said Sum or Sums of Money his her or their Heirs Executors Administrators or Assigns for any Term or Terms of Years or in Fee Simple in Mortgage for the said Sum or Sums of Money and the Interest thereof
Provided Always and I further direct that in Case my Trustees or Trustee for the time being shall think it would be more beneficial to Convert my Real Estates or any part thereof into money then they my said Trustees or Trustee for the time being do and shall in their or his Discretion at any time or times before the Trusts of this my Will shall be fully executed absolutely Sell and dispose of my said Real Estate hereby devised to them in Trust or of any part thereof either together or in parcels and either by Public Auction or private Contract and in such manner and for such price or prices as shall be thought reasonable and do and shall convey the same when so sold Unto the Person or Persons who shall become the Purchaser or Purchasers thereof his her and their Heirs and Assigns or as he she or they shall direct
And also do and shall receive the money agreed to be given for the Purchase thereof and such Purchase Money shall be subject to the Trusts hereinbefore contained in the same manner as if it had been in Money at the time of my death
Provided also and I further direct that my said Trustees or Trustee for the time being shall from time to time lay out and invest or continue my said Personal Estate and Effects in or upon some of the Government Stocks or Funds in Great Britain or in or upon Real Securities in England or Wales and shall and may Transfer such Stocks Funds and Securities either as Occasion shall require or as shall be deemed proper
Provided Also and I further direct that the Person or Persons who shall become the Purchaser or Purchasers of all or any part of my real and personal Estates or who shall lend any Sum or Sums of money upon any Mortgage or Mortgages of my real Estate and Effects in his or their hands or upon Securities given or to be given to him her or them shall not be obliged to see to the Application of the money to be lent advanced or paid by him her or them respectively to my said Trustees or Trustee for the time being or his or their Agent or Agents under his or their direction or be Answerable or Accountable for the Misapplication or Nonapplication of the same or be obliged to enquire whether such Sale or Sales Mortgage or Mortgages as aforesaid is or are necessary for the respective purposes hereinbefore expressed And that every Receipt which shall be given for the said Purchase or Mortgage Money or other Trust Monies or any part thereof respectively by the said Trustees or Trustee for to the time being or his or their Agent or any other person to whom the said Monies shall be paid under his or their direction shall be an effectual discharge for the Sum or Sums of Money which thereby shall be Acknowledged or expressed to be received and that all and every Sale and Sales which shall be made and Contract and Contracts for Sale which shall be entered into and Conveyance and Conveyances Mortgage or Mortgages which shall be executed by my said Trustees or Trustee for the time being shall be binding and conclusive on my Devisee or Devisees Heirs Executors and Administrators
Provided also and I do hereby further declare and direct that in Case the said William Burrows William Marriott and John Marriott or any or either of them or any Trustee or Trustees to be appointed under this present Provision in their or either of their place or stead shall die or become unwilling or unable to Act in the aforesaid Trusts before the said Trusts shall be fully executed and performed Then and in that Case and as soon and as often as it shall happen it shall and may be lawful to and for the Acting Trustee or Trustees for the time being under this Will to Nominate any fit Person or Persons to supply the place of the Trustee or Trustees respectively so dying or becoming unwilling or unable to Act as aforesaid and that immediately after every such Appointment the said Trust Estates and Trust Monies and the Stocks Funds and Securities in and upon which the same shall be invested shall be Conveyed Assigned and transferred so and in such manner that the same may vest in such New Trustee or Trustees jointly with the Surviving or continuing Trustee or Trustees or in such new Trustees as the Case may require and his her or their Heirs Executors Administrators and Assigns upon the Trusts hereinbefore expressed and declared of and concerning the same respectively And every such New Trustee shall have and may exercise the same Powers Privileges Authorities of Approbation consent and discretion and of giving effectual Receipts Maintenance Advancement and Education and all other Powers and Authorities whatsoever as if he or they had been hereby appointed a Trustee or Trustees
Provided also and I do hereby declare that the said Trustees hereby appointed and also the Trustees to be appointed by virtue of the Provisions last hereinbefore mentioned severally and respectively and their several and respective Heirs Executors and Administrators shall be charged and chargeable only for such Sums as the said Trustees respectively shall actually receive by virtue of the Trusts hereby in them reposed (their joining in Receipts for the Sake of Conformity notwithstanding) And that they or any of them shall not be answerable or accountable for any Banker Broker or other Person with whom or in whose hands any part of the Trust monies shall be deposited for safe Custody or otherwise in the Execution of the aforesaid Trusts nor the insufficiency or deficiency in Title or Value of any Security or Securities Stocks or Funds in or upon which the said Trust Monies or any part thereof shall be placed out or invested Nor for any other misfortunate loss or damage which may happen in the Execution of the aforesaid Trusts or in relation thereto except the same happen by or through his or their own wilful neglects or defaults respectively And in that Case each person alone shall be answerable for such Loss or Damage as shall arise from his own Act neglect or default
Provided lastly that it shall and may be lawful to and for the said Trustees hereby named and such further Trustee or Trustees to be appointed as aforesaid and every or any of them their and every or any of their Heirs Executors Administrators and Assigns by and out of the Monies which shall come to their hands by virtue of the Trusts aforesaid to deduct retain and reimburse for himself and themselves respectively And also to allow to his and their Co Trustees All Costs Charges and Expences and Fees to Councel for Advice which they or any of them shall or may sustain or be put unto in or about the Execution of the aforesaid Trusts or in relation thereto
And I do hereby Nominate and Appoint the said William Burrows William Marriott and John Marriott Executors of this my last Will and Testament
And I do appoint my said Wife Ann Morris and the said William Burrows William Marriott and John Marriott and the Survivors and Survivor of them Guardians and Guardian of my Infant Children during their respective Minorities hereby revoking all former Wills by me made and declare this to be my last Will and Testament
In Witness whereof I the said John Morris the Testator have to the five first Sheets of this my Will (which is contained on Six Sheets of Paper) set my Hand and to this sixth and last Sheet thereof my Hand and Seal this Twenty third Day of June in the year of our Lord One Thousand eight Hundred and seven
John Morris
Signed Sealed Published and declared by the said John Morris the Testator as and for his last Will and Testament in the presence of us who in his presence, at his request, and in the presence of each other have subscribed our names as Witnesses hereto
C Latham
Chas Latham Junr
John Law Clerk to Mr Latham
(A)
My Daughter Mary Marriott having died leaving an only son Henry Marriott I give the said Henry Marriott the Sum of Five hundred Pounds to be paid to him at the Age of Twenty one years with Interest at two pounds ten shillings … … If my Grandson dies under Age this Legacy to lapse
I give to my two daughters Elizabeth Morris and Ann Morris two hundred Pounds apiece in addition to what I have given to them by my Will and direct my Trustees to raise for and pay to each of my Daughters Jane Morris and Sarah Morris Two hundred Pounds in Addition to the Eight hundred Pounds apiece I have given them by my Will
I declare this to be a Codicil to my Will as Witness my hand this tenth day of December 1811
John Morris
Witnesses
Chas Latham
Chas Latham Junr
John Law
Melton Mowbray 5th Aug 1817
Let a Probate be made to William Marriott of Scalford in the County of Leicester Grazier, and John Morris of Asfordby in the said County Grazier the surviving Executors named in the will of the deceased who died 23d February last
They having been duly sworn as well to the faithful Execution of the Will & Codicil marked (A) as that the testator’s goods Chattels and Credits as they were at his death without deducting any Debts owing by the deceased therefrom did not amount in Value to the Sum of Six hundred Pounds
Before me Tho: Ford, Surrog to the Commissary