Orson John 1875 of Harby will

John Orson of Harby 1875 Will

Leicestershire, Leicester and Rutland Archives DE 462/18

This is the last Will and Testament of me John Orson of Harby in the County of Leicester Farmer

I give and devise all my Messuages Closes of Land and real estate situate in the Lordship of Long Clawson in the said County of Leicester unto my Nephew Francis Orson of Sysonby his heirs and assigns absolutely

I give and devise all my Messuages Closes of Land and all other my real Estate situate at Harby aforesaid and Hose in the said County of Leicester or elsewhere unto my Brother Robert Orson of Leicester Gentleman and my Friend William Shipman of Harby aforesaid Farmer their heirs and assigns Upon trust that they the said Robert Orson and William Shipman or the survivor of them or the heirs and assigns or such survivor (hereinafter called the Trustees or Trustee) do and shall levy and raise by Mortgage charge or absolute Sale of such last mentioned real estate a sufficient sum of money for the payment of the following legacies namely

I give to my Housekeeper Lucy Ann Glover the sum of Six hundred pounds absolutely and I direct the same to be paid to her free from legacy duty within three months after my decease

I give to my Niece Rebecca Orson of Sysonby the Sum of Seven hundred pounds absolutely

I give to my Nephew James Orson of Sysonby the Sum of Seven hundred pounds absolutely

I give to my Nephew John Orson of Asfordby the sum of Four hundred pounds absolutely

I give to my Nephew William Orson of Old Dalby the sum of Five hundred pounds absolutely and unto the said William Shipman I give the sum of Fifty pounds absolutely

All which said last named Legacies I direct shall be raised and paid to the several Legatees within six months after my decease

And also levy and raise out of my said residuary real estate all costs and expenses incurred in levying and raising the aforesaid Legacies or sums of money

And I hereby declare that the Mortgage or Mortgages hereinbefore directed to be made for raising and levying the aforesaid sums of money may be made by appointment or grant of the fee simple of the hereditaments mortgaged and may be made with or without power of Sale And I hereby declare that the receipt or receipts of the person or persons hereby authorized to effect such Mortgage or Mortgages sale or sales shall be effectual discharges for so much money as in such receipt or receipts shall be expressed to be received and the person or persons paying or advancing the same shall not be obliged to see to the application or be answerable or accountable for the loss misapplication or nonapplication thereof or to enquire whether the same may be required for all or any of the purposes aforesaid

And I also will that my said Brother Robert Orson shall have the full and quiet occupation of receipt of the Rents of the House Garden Outbuildings and Premises now occupied by me at Harby aforesaid during the term of his natural life and shall also receive for his own absolute use and benefit the yearly annuity or sum of Fifty pounds out of the rents and income arising from my said residuary real estate for and during the term of his natural life to be payable half yearly without any deduction the first half yearly payment to be made at the end of Six calendar months from my decease and a proportionate part of such annuity to be paid down to the determination thereof

And I empower the said Robert Orson by distress as for rent in arrear and also by entry upon and perception of the rents and profits of the said hereditaments to recover payment of the said annuity when the same or any part thereof shall be unpaid for twenty one days

And subject to the aforesaid  trusts for levying and raising the sums of money hereinbefore directed to be raised and the payment of the said annuity and the life interest of my said Brother in my said House and premises I give and devise all my said Residuary Real Estates in Harby and Hose aforesaid or elsewhere not hereinbefore disposed of or such part thereof as shall not have been sold under the trusts aforesaid unto my nephew Marriott Orson of [blank] in the County of [blank] Ironmongers Assistant his heirs and assigns absolutely

I give and bequeath all my personal estate and effects of whatsoever nature or kind the same may be subject to the payment of my debts funeral and testamentary expenses unto my said nephew Marriott Orson his executors administrators and assigns absolutely

And lastly I appoint my said Brother Robert Orson and the said William Shipman Trustees and Executors of this my Will hereby revoking all others by me heretofore made

In Witness whereof I the said John Orson the Testator have to this my Will contained on this and the preceding sheet of paper set my hand this twenty sixth day of February one thousand eight hundred and seventy four

                                                                                                         John Orson

Signed published and declared by the said John Orson 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

EHM Clarke Melton Mowbray

George Bonsher [sic] Melton Mowbray Groom

I John Orson of Harby in the County of Leicester Farmer declare this to be a Codicil to my last Will dated the twenty sixth day of February One thousand eight hundred and seventy four

Whereas my Brother Robert Orson in my said Will named has lately died Now I hereby appoint my nephew James Orson of Sysonby in the County of Leicester Farmer to be a Trustee and Executor of my said Will in the place of my said late Brother Robert Orson and jointly with my Friend William Shipman named in my said Will and I declare that my said Will and the devises trusts and powers thereof shall accordingly be read and construed as if the name of the said James Orson have been therein inserted throughout instead of the name of the said Robert Orson as a Trustee and Executor thereof

And in addition to the Legacies bequeathed by my said Will I hereby bequeath unto my said nephew James Orson the Legacy or sum of Three hundred pounds absolutely to be paid to him within six months after my decease and I expressly declare that the powers of sale and mortgage of my residuary real estate vested in my said Trustees or Trustee by my said Will for the purpose of levying and raising the Legacies by me thereby bequeathed shall extend and be applicable to the further Legacy by this my Codicil bequeathed

And whereas subject to certain trusts for levying and raising certain sums of money by me said Will directed to be raised I have by my said Will devised all my residuary real estate in Harby and Hose and elsewhere not specifically disposed of by my said Will or such part thereof as should not have been sold under the trusts contained in my said Will unto my Nephew Henry Marriott Orson (in the Will called Marriott Orson) his heirs and assigns absolutely Now I hereby Will and direct that subject and chargeable as in my said Will and this my Codicil thereto mentioned my said residuary real estate shall be held by my said Trustees or Trustee To the use of the said Henry Marriot Orson and the heirs of his body with remainder To the use of my said nephew the said James Orson his heirs and assigns for ever

And whereas by my said Will I have bequeathed all my personal estate and effects Subject to the payment of my debts and funeral and testamentary expenses unto the said Henry Marriott Orson absolutely Now I hereby confirm the said bequest But in case of the death of the said Henry Marriott Orson in my lifetime I hereby give and bequeath the whole of my said personal estate and effects subject as aforesaid unto my said nephew the said James Orson absolutely and in all other respects I confirm my said Will

In Witness whereof I the said John Orson the Testator have hereunto set my hand this seventh day of December One thousand eight hundred and seven four

                                                                                                         John Orson

Signed published and declared by the said John Orson the Testator as and for a Codicil to his last Will and Testament in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

EHM Clarke Melton Mowbray

SH Butterfield his Clerk

Proved at Leicester with a Codicil the Twenty second day of March 1875 by the Oaths of William Shipman the Executor named in the Will and James Orson Nephew of the deceased the Executor named in the said Codicil to whom Administration was granted

The Testator John Orson was late of Harby in the County of Leicester Farmer and died on the twenty first day of December 1874 at Harby aforesaid

Under £300