John Noble of Nether Broughton 1875 Will
Leicestershire, Leicester and Rutland Archives DE 462/18
This is the last Will and Testament of me The Reverend John Noble Rector of Nether Broughton in the County of Leicester
I appoint my Sons John Noble and Humphrey Noble Executors of this my Will
I bequeath all my presentation household and other plate and all my jewelry watches trinkets and ornaments of person unto my said Sons John Noble and Humphrey Noble their executors and administrators Upon trust to permit my Wife Elizabeth Noble to have the use and enjoyment thereof during her life and upon further trust upon the death of my said Wife or upon my death which shall last happen to appropriate and divide the same between my daughters Marianne Ogilby and Adela Noble if both of them shall be then living in such shares and manner as the said trustees or trustee for the time being shall in their or his uncontrolled discretion think calculated to effect a fair and equal division of such my plate jewelry and other articles hereby bequeathed between them my said daughters and so that any such appropriate or division shall by no means be questioned by reason of any alleged inequality in the values of the shares appropriated to my respective daughters or for any other reason but shall be conclusive and in case either of them shall be then dead then to deliver over my said plate jewelry and other articles to the survivor of them my said daughters for her absolute use and benefit and I direct that an Inventory of the said plate jewelry and other articles be made out as soon as conveniently may be after my death and signed by my said Wife and that such Inventory be kept in the custody of the said trustees or trustee for the time being and that the said trustees and trustee after taking such inventory and procuring the same to be signed by my said Wife shall not during her life be in any way liable for or concerned to see to the custody or preservation of the said plate jewelry and other articles or any portion thereof
I give to my said Sons John Noble and Humphrey Noble One hundred pounds each
I devise all my messuages closes lands tenements hereditament and real estate situate in the Counties of Leicester and Nottingham or elsewhere of which I shall die seized or possessed and over which I shall at my death have a power of disposition to my said Wife Elizabeth Noble during her life and after her death I devise the same to my said Sons John Noble and Humphrey Noble their heirs and assigns nevertheless upon the trusts and for the intents and purposes hereinafter mentioned that is to say
Upon trust that they or the survivor of them or his heirs or the person or persons who shall hereafter be Trustees of this my Will do sell the same at any time or times after my Wife’s death as they or he shall deem prudent and even during her life with her express consent in writing and together or in parcels by public auction or private contract and subject to such special or other conditions of sale as shall be deemed expedient and out of the money arising from such sale or sales after payment of the expenses Upon trust to pay and stand possessed thereof to and for the equal benefit of my children and daughter in law hereinafter named in manner hereinafter mentioned subject to my Wife’s life interest therein
I bequeath all my money securities for money shares or stock in any public company household furniture horses carriages and other my personal estate and effects not hereinbefore disposed of to the said John Noble and Humphrey Noble their executors and administrators Upon trust to pay thereout my debts funeral and testamentary expences and as to the residue to stand possessed and dispose of the same in the manner hereinafter mentioned And I direct that the purchase money arising from the sale of my real estate if any part thereof shall be sold during her life and the interest and dividends of my personal estate and the use of my household furniture linen and household effects shall be paid and applied to and for the benefit of my Wife during her life and after her death I direct that the whole of the principal money arising as aforesaid from my said real estate and arising from my said personal estate and the interest and dividends thereof hereinafter called “my residuary estate” shall be divided amongst and held in trust for my children the said John Noble and Humphrey Nobel Charles Noble the said Marianne Ogilby and Adela Noble and my daughter in law Elwes Noble in equal shares but nevertheless in manner hereinafter mentioned that is to say
As to the shares as well original as accruing intended for my three sons and my daughter Adela Noble I direct the same to be paid to them or their respective personal representatives on my Wife’s death and to vest in them respectively at my death so as to be transmissible to their respective personal representatives
Provided always and I declare that in case any of my said three Sons or my said daughter Adela Noble shall die in my lifetime leaving children or a child who shall be living at my death or be born afterwards then as well the original as the accruing share or shares hereinbefore or hereinafter provided for each such Son or my said daughter Adela in the event of his or her being living at my death of and in my residuary estate shall be in trust for all or any the children or child of the Son or my said daughter Adela so dying who shall be living at my death or be born afterwards and who being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry under that age with the consent of her or their Guardians or Guardian for the time being and if more than one in equal shares and if there shall be no child of such Son or daughter so dying as aforesaid who shall be living at my death or born afterwards and who being a son attains the age of twenty one years or being a daughter attains that age or marries under that age with such consent as aforesaid then after such default or failure of children as aforesaid as well the original as the accruing share or shares of such son or daughter shall accrue to my other children (sons and daughters) hereinbefore named and the said Elwes Nobel in equal shares and the share or shares which shall so accrue as last mentioned shall be held and applied upon the trusts and with and subject to the powers provisoes and declarations herein declared and contained of and concerning the original share of each person or persons to whom the same shall accrue or as near thereto as circumstances will admit
And as to the share or shares as well original as accruing of my daughter Marianne Ogilby I direct my said Trustees for the time being to invest the same in manner directed by the general power of investment hereinafter contained during the life of my said daughter Marianne and pay to her the dividends and interest thereof and after her death I direct my Trustees to pay and apply the principal of her share or shares original or accruing to or for the benefit of all and every her children and child who being Sons or a Son attain the age of twenty one years or being daughters or a daughter attain that age or marry under that age with the consent of her or their guardian or guardians and if more than one in equal shares and in case my said daughter Marianne shall die without leaving any child who being a son attains the age of twenty one years or being a daughter attains that age or marries under that age with such consent as aforesaid the principal of her share shall go to her next of kin according to the Statutes of Distribution of Intestates Personal Estate as if she had died without leaving any husband
Provided also and I do further direct that the interest and dividends to be paid to my said daughter Marianne shall be paid to her separate and apart from and exclusive of her present or any future husband and so and in such manner that the same may not be under the control of any such husband or subject or liable to his debts contracts forfeitures of engagements and so and in such manner that the receipts of my said daughter but not by way of anticipation may be good and effectual discharges for the money which shall be thereby expressed to be received
And as to the share or shares as well original as accruing of my said daughter in law Elwes Noble I direct my said Trustees for the time being to invest the same in manner directed by the general power of investment hereinafter contained during the widowhood of the said Elwes Noble and pay the dividends and interest thereof to her during her widowhood And after her death or second marriage whichever shall first happen I direct my Trustees to pay and apply the principal of such her share or shares to all and every the children and child of the said Elwes Noble by my deceased Son her late husband Robert Noble who being sons or a son attain the age of twenty one years or being daughters or a daughter attain that age or marry under that age with the consent of her or their respective Guardian or Guardians and if more than one in equal shares And if no child of the said Elwes Noble by her said late husband Robert Noble shall being a son live to attain the age of twenty one years or being a daughter live to attain that age or marry under that age with such consent as aforesaid then after such failure of children as aforesaid as well the original as the accruing share or shares of such children shall accrue to my other children (sons and daughters) hereinbefore named in equal shares and the share or shares which shall so accrue as last mentioned shall be held and applied upon the trust and with and subject to the powers provisoes and declarations herein declared and contained of and concerning the original share of each person or persons to whom the same shall accrue or as near thereto as circumstances will admit
Provided always and I hereby declare that in case my said daughter Marianne or my said daughter in law Elwes Noble shall die in my lifetime leaving no children or a child who shall be living at my death then as well the original as the accruing share or shares hereinbefore provided for such daughter or daughter in law and her children and otherwise as aforesaid in the event of her being living at my death of and in my residuary estate aforesaid shall be held and applied upon the trusts and with and subject to the powers provisoes and declarations upon with and subject to which the same would under or by virtue of this my Will have been held and applied in case such daughter or daughter in law had been living at my death and had died immediately afterwards
Provided also and I hereby further declare that it shall be lawful for the Trustees or Trustee for the time being acting under this my Will to invest all such monies as may come into their or his hands or to which they or he shall or may be entitled under or by virtue of this my Will in their or his names or name or under their or his legal control in or upon any of the public stocks or funds of the United Kingdom or in or upon any Government or real securities in England or Wales or in or upon Capital Stock of the Bank of England or in East India Stock or in or upon any Indian Government securities or in or upon the Bonds or Debentures or Preference shares or stock of any Railway Dock or Canal Company or Companies in Great Britain of good repute and paying dividends on ordinary shares or of any Municipal Corporation or Corporations in England or Wales (but not in any other mode of investment) And from time to time to vary or transpose such stocks funds shares and securities into or for others of any nature hereby authorised at their or his discretion
Provided always and I hereby declare that it shall be lawful for the said trustees or trustee for the time being at any time or times after the death of my said Wife or in her lifetime with her consent in writing (but so that in regard to any of the monies or funds in which my said daughter Marianne or my said daughter in law Elwes Noble may have a prior life or other interest the exercise of the present power be with her consent in writing while she may have such interest and so that in regard to all the aforesaid premises the same be subject and without prejudice to any other prior interest or interests whether contingent or not) to raise all or any part or parts of the then expectant or presumptive or vested portion of any child of any of my sons or daughters hereinbefore named or my said daughter in law under the trusts or provisions of this my Will and to pay or apply the same for the advancement or benefit of such child in such manner as the said trustees or trustee shall think fit and I further declare that during so long as the portion or portions of any child or children of any of my sons or daughters hereinbefore named or my said daughter in law of and in any of the trust premises hereby provided for such child or children shall not be absolutely vested the said trustees or trustee for the time being may from time to time after the death of my said Wife or during her life with her consent in writing (but as to any of the monies and funds in which any of my said daughters or my said daughter in law may have a prior life or other interest subject and without prejudice to such interest or interest and as to all the aforesaid premises subject and without prejudice to any other prior interest or interests whether contingent or not) pay and apply all or so much as the said trustees or trustee shall think proper of the interest dividends and income of such portion of portions for or towards the respective maintenance and education of the child or children for the time being entitled thereto in expectancy as aforesaid and may either themselves or himself so pay or apply the same or may pay the same to the respective guardians or guardian of such child or children respectively for the purpose aforesaid without seeing to the application thereof and shall during such suspense of absolute vesting as aforesaid accumulate all the residue (if any) of the same interest dividends and income in the way of compound interest by investing the same and the resulting income thereof in or upon any such stocks funds shares or securities as are hereinbefore mentioned for the benefit of the person or persons who under the trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded and may resort to the accumulations of any preceding year or years and apply the same for or toward the maintenance or education of the child for the time being presumptively entitled to the same in the same manner as such accumulations might have been applied had they been interest dividends or income arising from the original trust fund in the year in which they shall be so applied
I devise to the said John Noble and Humphrey Noble their heirs and assigns all real estates which at the time of my decease may be vested in me upon any trusts or by way of mortgage nevertheless upon the trusts and subject to the equities to which the same shall or may then be subject or liable and my Will further is and I hereby direct that subject to any variations herein expressed the directions powers rights indemnities and incidents given to or conferred on trustees or annexed to particular offices estate and circumstances by the act Twenty third and Twenty fourth Victoria Chapter One hundred and forty five and by the Act Twenty second and Twenty third Victoria chapter Thirty Five section thirty one shall be applicable to and take effect in relation to this my Will and the appointments and dispositions hereby made
And lastly I revoke all former testamentary instruments by me at any time heretofore made
In Witness whereof I the said John Noble the Testator have to this my last Will and Testament contained in or written upon six sheets of paper subscribed my hand this Twenty seventh day of October One thousand eight hundred and seventy three
John Noble
Signed and published by the said John Noble the Testator as and for his last Will and Testament in the presence of us who being both present at the same time have at his request in his presence and in the presence of each other subscribed our names as Witnesses
Edmund Percy Solicitor Nottingham
Charles Hartley Bell his Clerk
Proved at Leicester the Thirty first day of December 1875 by the Oaths of John Noble and The Reverend Humphrey Noble clerk Sons of the deceased the Executors to whom Administration was granted
The Testator The Reverend John Noble was late of Nether Broughton in the County of Leicester Clerk Rector of Nether Broughton aforesaid and died on the fifteenth day of November 1875 at Nether Broughton aforesaid
Under £9,000