John Morris of Scalford 1834 will
National Archives PROB 11/1838/379
This is the last Will and Testament of me John Morris of Scalford in the County of Leicester Grazier made this fifteenth day of February One thousand eight hundred and twenty one
First I direct all my just debts Funeral and testamentary expences to be fully paid
I give and devise all my messuages mills closes lands and hereditaments with their appurtenances situate and being in Scalford Frisby upon the Wreak and Sewstern in the said County of Leicester or either or any of them unto my dear and loving Wife Mary Morris and her assigns for and during the term of her natural life and from and after her decease then I give and devise All my said messuages mills closes lands and hereditaments aforesaid unto my friend Thomas Clarke of Melton Mowbray in the said County Gentleman and my Nephew in law Thomas Pilkington of Bilberry [sic, probably Bilborough, a Thomas Pilkington farmer had a son born there in about 1823] in the County of Nottingham Farmer Upon the trusts and to the uses following that is to say
To the use of all and every the Son and Sons Daughter and Daughters of my Nephew William Kirk and my Nieces Sarah the Wife of Richard Sharpe and Elizabeth Wife of the said Thomas Pilkington their heirs and assigns to be equally divided between them share and share alike to take as tenants in common and in case there shall happen to be only one such Son or one such Daughter then to such Son or Daughter his or her heirs or assigns And in case there shall be no such Son or Daughter then to the use of my own right heirs for ever
I give and bequeath unto my said Wife the Sum of one thousand pounds to be paid to her by my Executors hereinafter named within twelve months after my decease
I give and bequeath the sum of one hundred pounds to the Churchwardens and Overseers of the Poor of Scalford aforesaid for the time being to be placed out at Interest and the Interest to be applied in purchasing Bread to be given Annually to the Poor of the Parish of Scalford aforesaid as the said Churchwardens and Overseers of the Poor for the time being shall direct
And as to all other my personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the same may be I give and bequeath the same and every part thereof unto my said friend Thomas Clarke and my said nephew Thomas Pilkinton their executors admors and assigns Upon the trusts and for the uses following that is to say
Upon trust that they my said trustees or the survivor of them his executors and admors shall place the same out on good security at Interest and with the dividends interest and proceeds arising therefrom when and as the same shall become due and payable pay the same unto my said wife Mary Morris and her assigns for and during the term of her natural life and from and immediately after her decease then that my said trustees or the survivor of them his executors or admors shall pay and divide all the principal monies and interest then due thereon and all other the residue of my personal estate and effects between and amongst all and every the said Sons and Daughters of my said Nephew William Kirk and my Neices Sarah Sharpe and Elizabeth Pilkington now born or hereafter to be born share and share alike as and when they shall respectively arrive at the age of twenty five years
Provided always and I give to my said trustees or the survivor of them his executors or admors after the death of my said Wife power & authority to apply such portions of the said interest and dividends as they in their discretion shall think right for and towards the education maintenance or placeing out apprentices of all or any of the said Children
Provided further and my Will is that my said trustees or the survivor of them his executors or admors shall not be answerable for any more monies than they shall actually receive nor the one for the other but each for his own acts receipts and defaults only nor for any loss which may happen to the said trust premises except through his or their wilful neglect and that they shall at all times reimburse themselves and himself respectively out of the said trust monies and premises all costs charges damages and expences as they may sustain in executing the trusts hereby in them reposed
And Lastly I do hereby nominate and appoint the said Thomas Clarke and Thomas Pilkington joint Executors in Trust of this my last Will and Testament hereby revoking all former Wills by me made
In Witness whereof I the said John Morris the Testator have hereunto set my hand and seal the day and year first above written
John Morris
Signed sealed published and declared by the said testator John Morris 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
Joel Shuttlewood
John Brown
Wm Clark
Proved at London 3rd November 1834 before the Judge by the Oaths of Thomas Clarke and Thomas Pilkington the Executors to whom Admon was granted having been first sworn by Commission duly to administer