Samuel Musson of Harby 1886 Will
Leicestershire, Leicester and Rutland Archives DE 462/29
This is the last Will and Testament of me Samuel Musson of Harby in the County of Leicester Carpenter
I appoint my Nephew John Barnard and my friend William Thraves (hereinafter called “my Trustees”) to be Executors and Trustees of this my Will and I declare that all Trusts and powers hereinafter reposed in my Trustees may be exercised by the survivor of them or the heirs executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my Will
I bequeath all my Furniture Linen and other Household effects to my Trustees upon trust to permit my Sister Frances Musson to have the use and enjoyment thereof during her life
And I declare that my Trustees shall not be responsible for any loss or injury thereto which may happen during the lifetime of my said Sister and from and after the decease of my said Sister I direct that the same articles shall be disposed of as part of my residuary Personal Estate
I devise all the Real Estate to which I shall be entitled at the time of my decease (except estates vested in me as a Trustee or Mortgagee) and I bequeath the residue of the Personal Estate to which I shall be then entitled to my Trustees upon trust that my Trustees shall sell my Real Estate and shall convert and get in my Residuary Personal Estate and out of the monies produced by such sale getting in and conversion and out of my ready money shall pay my Funeral and Testamentary expenses and debts and shall invest the net residue of the said monies in or upon any of the Stocks Funds or Securities authorized by law for the investment of Trust Funds with liberty for my Trustees at their discretion to vary such investments for any other or others of a like nature And shall stand possessed of the said residuary Trust monies and the investments for the time being representing the same (hereinafter called my residuary Trust funds) Upon the trusts following (that is to say)
In trust that my Trustees shall from time to time during the life of my said Sister Frances Musson apply the income of my Residuary Trust Funds for the personal maintenance and support or otherwise for the personal benefit of my said sister or pay the same to any person or persons to be so applied without liability on the part of my Trustees to enquire into the application thereof and so that if and while my said Sister shall be under coverture the same shall be for her sole and separate use and she shall not have power to dispose of the same in the way of anticipation
And from and after the decease of my said Sister In trust that my Trustees shall divide my residuary Trust Funds into twelve equal parts and shall pay eleven of such parts unto such of my Nephews an Nieces hereinafter mentioned as shall be living at the decease of the survivor of me and my said Sister as tenants in common in equal shares namely William Musson Sarah the Wife of the said William Thraves James Musson (the Son of my Brother Thomas Musson) Keziah the Wife of [blank] Sharpe Elizabeth the Wife of [blank] Smith Sarah the Wife of Henry Manchester James Musson (the Son of my Brother George Daniel Musson) Francis Musson Daniel Musson Henry Musson and the said John Barnard and shall pay the remaining one twelfth equal part thereof unto all the children if more than one in equal shares as tenants in common or the child if only one wholly of my late Nephew John Musson as shall be living at the decease of the survivor of me and my said Sister
Provided always that if any of them the said William Musson Sarah Thraves James Musson Keziah Sharpe Elizabeth Smith Sarah Manchester James Musson Francis Musson Daniel Musson Henry Musson and the said John Barnard shall die before the decease of the survivor of me and my said Sister leaving a Child or Children who shall be living at the death of such survivor then and in every such case the last mentioned Child or Children shall take (and if more than one equally between them) the share which his her or their parent would have taken of and in my residuary Trust funds if such parent had been living at the decease of the survivor of me and my said Sister
Provided also and I declare that my Trustees may postpone the sale and conversion of my Real and Residuary Personal Estate or any part thereof for so long as they shall think fit and that the rents profits and income to accrue from and after my decease of and from such part of my Estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the monies produced by such sale and conversion would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made
And I also declare that my Trustees my let any hereditaments for the time being remaining unsold either from year to year or for any term of years at such rents and subject to such covenants as they shall think fit and may accept surrenders of Leases and tenancies fell timber and other trees standing on the said hereditaments whether for sale repairs or otherwise and may manage the same in such manner s they shall think fit and the proceeds of any timber sold by my Trustees shall be considered as income and paid and applied accordingly
And I lastly declare that the share or shares of and in the residuary Trust funds to which any female shall be entitled under this my Will shall be for her separate use independently of her present of future Husband (if any) and so that her receipt whether she shall be covert of sole shall be a sufficient discharge for the same
I devise all Estates vested in me as a Trustee or Mortgagee Unto my Trustees upon the trusts and subject to the equities affecting the same respectively but so that the money secured by any Mortgage shall form part of my Personal Estate
In Witness whereof I have hereunto set my hand this 14th day of December 1881
Samuel Musson
Signed and declared by the above named Testator as and for his last Will and Testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as attesting Witnesses
Wm Lathan Solr Melton Mowbray
Alfred Pywell his Clerk
This is a Codicil to the above written Will of me the above named Samuel Musson
I Bequeath to my Niece Sarah Musson a legacy of One hundred pounds to be paid to her within twelve calendar months after my decease and in all other respects I hereby confirm my said Will
In Witness whereof I have hereunto set my hand this 3rd day of July 1886
Samuel Musson
Signed and declared by the above named Testator as and for a Codicil to his last Will and Testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Manners Octs. Norman Rector of Harby
Samuel A Pywell, Clerk to Messrs Latham & New, Solicitors, Melton Mowbray
Proved at Leicester with a Codicil on the eleventh day of August 1886 by the Oaths of John Barnard the Nephew and William Thraves the Executors named in the Will to whom Administration was granted
The Testator Samuel Musson was late of Harby in the County of Leicester Carpenter and died on the seventeenth day of July 1886 at Harby aforesaid
Personal Estate Gross £257.18.4. No deduction.
