Newcome Frederick Pern 1879 of Long Clawson will

Frederick Pern Newcome of Long Clawson 1879 Will

Leicestershire, Leicester and Rutland Archives DE462/22

This is the last Will and Testament of me Frederick Person Newcome of Long Clawson in the County of Leicester Solicitor

I appoint my Son in law Wilson Weatherly Phipson of Putney in the County of Surrey Civil Engineer and Joseph Paddison of Melton Mowbray in the County of Leicester Trustees and Executors of this my Will and I devise to them their heirs and assigns all Estates vested in me upon any trust or by way of Mortgage subject to the trusts and equities affecting the same but so that any money secured by way of Mortgage shall form part of my Personal Estate

I bequeath all the pictures prints books plate plated articles linen china wines liquors household goods furniture horses chattels and effects (other than money or securities for money) which shall at my death be in or about my dwellinghouse or the outbuildings or grounds thereof unto my Son Chester Pern Newcome and my daughter Elizabeth Humberstone Phipson the Wife of the said Wilson Weatherly Phipson to be equally divided between them

I give and devise All that Messuage or Tenement (formerly divided into two dwellinghouses) with the outbuildings garden and appurtenances thereto belonging now in the occupation of James Swain Also all that Messuage or Tenement with the garden outbuildings and appurtenances thereto belonging now in the occupation of John King Also all those eight Houses or Tenements in the occupation of Charles Watchorn and others which I purchased of Samuel Littler with the outbuildings gardens and appurtenances thereto belonging Also all that Messuage or Tenement called or known by the sign of the Royal Oak with the outbuildings garden orchard and appurtenances thereto belonging now in the occupation of Bavin Rossington Also the sites of several Tenements adjoining which have been pulled down and the gardens which belonged to the same Also all that farm as now occupied by Mr Joel Newcome together with the field used as a Brickyard in the occupation of Mr Roger Mann and the Gravel pit which I purchased of the Surveyors of the Highways of the Parish of Long Clawson Also the Wind Mill and Steam Mill with the garden and appurtenances thereto belonging which I purchase of Mr William Henry Stokes And the road to the Brickyard leading from the Highway from Long Clawson to Melton the whole of which said last mentioned farm and premises contain by estimation One hundred and ninety acres or thereabouts All which said premises before described are situate in the Parish of Long Clawson aforesaid Also a small Close of Land situate at Barkstone in the County of Leicester now in the occupation of Edward Kellam

Unto and To the use of the said Wilson Weatherly Phipson and Joseph Paddison their heirs and assigns Upon Trust that the said Wilson Weatherley Phipson and Joseph Paddison or the survivor of them or other the Trustees or Trustee for the time being of this my Will (hereinafter called my Trustees) shall sell the same either together or in parcels and either by Public Auction or Private Contract and may buy in rescind any Contract for Sale and resell without being responsible for any loss occasioned thereby and may execute and do all such assurances and acts for effectuating any such Sale as my Trustees shall think fit

I give and bequeath all my Personal Estate and Effects (except what I otherwise dispose of by this my Will or any Codicil thereto) Unto my Trustees Upon Trust to sell call in and convert into money such part thereof as shall not consist of money And I declare that my Trustees shall out of the monies to arise from the Sale of my said Real Estate hereinbefore devised to them upon trust for sale as aforesaid and from the sale calling in and conversion into money of such part of my said Personal Estate hereinbefore bequeathed to my Trustees as shall not consist of money and out of the money of which I shall be possessed at my death pay my funeral an testamentary expences and debts and the legacies bequeathed by this my Will or any Codicil thereto and shall invest the residue of the said monies in the names or name of my Trustees or the survivor of them in any of the Public Stocks or Funds or Government Securities of the United Kingdom or upon freehold Securities in England or Wales or in or upon the Stock of the Bank of England or of the Metropolitan Board of Works or any other investment in which Trust Funds or Cash under the Control of the Chancery Division of the High Court of Justice may for the time being be authorised by law to be invested but not in any other mode of investment and may from time to time vary or transpose such Investments into or for others of the same or a like nature and I declare that my Trustees shall stand possessed of the said trust monies and of the stocks funds shares and securities in or upon which the same may from time to time be invested (hereinafter called my settled Trust Funds) Upon the Trusts following (that is to say)

I declare that my Trustees shall stand possessed of two third parts or shares thereof Upon Trust to pay the income arising therefrom to my said Son Chester Pern Newcome during his life (subject to the proviso hereinafter contained) and from and after his death shall stand possessed of the same two third parts or shares In Trust for all or any the Children or Child of my said Son Chester Pern Newcome by his present Wife who being a Son or Sons attain the age of Twenty one years or being a daughter or daughters attain that age or marry and if more than one in equal shares as Tenants in Common

I declare that my Trustees shall stand possessed of the remaining one third part or share of my said settled Trust Funds Upon Trust to pay the income thereof to my said daughter Elizabeth Humberstone Phipson during her life and so that during her present or any future coverture the same shall be for her separate use independently of her husband without power of anticipation and her receipt alone shall be a sufficient discharge for the same and from and after the death of my said daughter I direct my Trustees to stand possessed of the last mentioned One third part or share of my settled Trust funds Upon Trust for all or any the Children or Child of my said daughter who being a Son or Sons attain the age of Twenty one years or being a daughter or daughters attain that age or marry and if more than one in equal shares as Tenants in Common but if there shall not be any Child of my said daughter who being a Son shall attain the age of Twenty one years or being a daughter shall attain that age or marry then from and after the death of my said daughter and such default or failure of issue as aforesaid the last mentioned One third part or share of my settled Trust Funds shall be held by my Trustees upon the like trusts in favor of my said Son Chester Pern Newcome and his Children or Child as are hereinbefore declared and contained concerning the two third parts or shares of my settled Trust Funds hereinbefore directed to be held In Trust for my said Son and his Children or Child

I authorise my Trustees after the death of my said Son or previously thereto with his consent in writing to raise any part or parts not exceeding in the whole a moiety of the then expectant presumptive or vested share of any Child of my said Son in my settled trust funds under the trusts aforesaid and to pay or apply the same for his or her advancement or benefit as my Trustees shall think fit

I bequeath to my Housekeeper Maria Bailey a legacy of One hundred pounds to be paid to her free of Legacy Duty and expences and in addition to any wages which may be due to her at the time of my death

I give and devise all my Messuages or Tenements lands hereditaments and real estate not hereinbefore otherwise disposed of (hereinafter called my Residuary real estate) to the said Wilson Weatherley Phipson and Joseph Paddison their heirs and assigns Upon the Trusts following (that is to say)

I direct my Trustees to pay two third parts or shares of the net rents and profits of my Residuary Real Estate after payment of all outgoings and expences which may be payable or which my Trustees may think fit to pay thereout to my said Son Chester Pern Newcome during his life (subject to the proviso hereinafter contained) and from and after the death of my said Son Chester Pern Newcome I direct that two undivided third parts or shares of and in my Residuary Real Estate shall be held in trust for all or any the Children or Child of my said Son Chester Pern Newcome by his present Wife who shall be living at my decease or born afterwards their his or her heirs and assigns if more than one in equal shares as Tenants in Common and if and so often as any such Child shall being a Son die under the age of Twenty one years or being a daughter die under that age and without having been married then as well as to the original share of the Child so dying as to any share or shares which shall have accrued to him or her by virtue of this present limitation In trust for the others or other of such Children as aforesaid their his or her heirs and assigns if more than one in equal shares as Tenants in Common

And I declare that my Trustees shall pay one third part or share of the net rents and profits of my residuary Real Estate after payment of all outgoings an expences which may be payable or which my Trustees may think fit to pay thereout to my said daughter Elizabeth Humberstone Phipson during her life and so that during her present or any future coverture the same shall be for her separate use independently of her husband without power of anticipation and her receipt along shall be a sufficient discharge for the same and after the death of my said daughter I direct that one undivided third part or share of and in my Residuary Real Estate shall be held in trust for all or any the Children or Child of my said daughter who shall be living at my decease or born afterwards their his or her heirs and assigns if more than one in equal shares as Tenants in Common and if and so often as any such Child shall being a Son die under the age of Twenty one years or being a daughter die under that age and without having been married then as well so to the original share of the Child so dying as to any share or shares which shall have carried to him or her by virtue of this present limitation In Trust for the others or other of such Children as aforesaid their his or her heirs and assigns if more than one in equal shares as tenants in common And case there shall be no such Child as aforesaid or all such Children if more than one or such Child as aforesaid if only one shall die under the age of Twenty one years and in case of a daughter or daughters without having been married then the said one undivided third part or share of and in my Residuary Real Estate shall from and after the death of my said daughter and such default or failure of issue as aforesaid be held upon the like trusts in favor of my said Son and his Child or Children as are hereinbefore declared and contained respecting the other two undivided third parts or shares of and in my Residuary Real Estate

I impower my Trustees to let and manage my Residuary Real Estate and to cut timber and underwood for sale repairs or otherwise and to repair and insure houses and buildings and to make allowances to and arrangements with Tenants and others and generally to let and manage my Residuary Real Estate in such manner as my Trustees may think best and most beneficial

Provided always and I do hereby declare that in case my said Son Chester Pern Newcome shall at any time alienate or charge or attempt to alienate or charge the income rents and profits of my settled Trust Funds or of my Residuary Real Estate hereinbefore directed to be paid to him during his life or any part thereof or in case by reason of his Bankruptcy or any other event whether happening before or after my death the said income rents and profits or any part thereof shall or but for this proviso would belong to or become vested in some other person or persons then the Trusts hereinbefore contained for payment of the said income rents and profits to my said Son shall immediately thereupon cease and become void and in such event my Trustees may during the residue of the life of my said Son pay and apply such income or any part thereof in their absolute discretion unto or for the maintenance support or benefit of all or any to the exclusion of the other or others of the following objects (viz) the present Wife of my said Son and his Children or Child by her in such shares and manner as my Trustees may think fit

I declare that my Trustees shall not be answerable or accountable any one or more for the others or other of them and by no means for involuntary losses and that they respectively shall be entitled to be reimbursed out of the trust premises all costs damages and expences incurred or sustained in the execution of the trusts aforesaid and that the said Joseph Paddison shall be entitled to make and receive all such charges and emoluments for business done by him in relation to the administration of my estate or the execution of the trusts of this my Will or any Codicil thereto as he would have been entitled to make and receive in respect of such business as if he had not been an Executor and Trustee and I declare that all the trusts and powers hereinbefore given to or vested in my Trustees shall vest in and devolve upon and be exercisable by the said Wilson Weatherly Phipson and Joseph Paddison and the survivor of them and the heirs or according to the nature of the property the executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my Will

In Witness whereof I the said Frederick Pern Newcome the Testator have to this my last Will and Testament contained in six Sheets of paper set my hand this Eighteenth day of September in the year of our Lord One thousand eight hundred and seventy nine

                                                                                                         FP Newcome

Signed and acknowledged by the said Frederick Pern Newcome the Testator as and for his last Will and Testament in the presence of us 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

Charles Watchorn

George Stubbs

Proved at Leicester on the Sixteenth day of December 1879 by the Oaths of Wilson Weatherley (in the Will written Weatherly) Phipson and Joseph Paddison the Executors to whom Administration was granted

The Testator Frederick Newcome was late of Long Clawson in the County of Leicester Solicitor an died on the Eighteenth day of November 1879 at Long Clawson aforesaid

Under £4,000

Latham and Paddison, Solicitors, Melton Mowbray