Richard Hill Park of Nether Broughton 1843 Will
Leicestershire, Leicester and Rutland Archives PR/T/1843/112
This is the last Will and Testament of me Richard Hill Park of Nether Broughton in the County of Leicester Yeoman
I give and bequeath unto my Wife Sarah Park whatever furniture she may select which may be in and upon my Dwellinghouse and Premises at the time of my decease for her own use absolutely
I give and devise and bequeath to John Bell of Hickling in the County of Nottingham Farmer my Brother in Law Thomas Stone of Barrow in the County of Leicester and William Coleman of Long Clawson in the said County of Leicester Farmer All and every my freehold Lands Hereditaments and Real Estate whatsoever and wheresoever And also all the rest of my Personal Estate of whatever kind To hold the same according to the nature and quality thereof respectively unto and to the use of the said John Bell Thomas Stone and William Coleman their heirs Executors Administrators and Assigns upon and for the trusts intents and purposes and with under and subject to the Powers Provisoes and Declarations hereinafter expressed and declared of and concerning the same (that is to say)
Upon Trust with all Convenient speed after my decease to call in and convert into money my said personal Estate and Upon trust absolutely to sell and dispose of my said Real Estate either together or in parcels and either by Public Auction or Private Contract to any person or persons willing to purchase the same and for such price or prices and at such time or times as my said Trustees or Trustee for the time being shall seem reasonable
And for facilitating such Sale or Sales I hereby declare that the receipt or receipts in writing of the said John Bell Thomas Stone and William Coleman or 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 for all monies to arise from such Sale or Sales or for any Rents or other monies payable to them or him under or by virtue of this my Will shall effectually discharge the person or persons paying the same from being answerable or accountable for the misapplication of the monies in such receipts expressed or acknowledged to be received or from being obliged or concerned to see to the application thereof
And I do hereby declare that my said Trustees or Trustee for the time being shall stand and be possessed of the monies to arise from such Sale or Sales and to be produced in manner aforesaid Upon Trust to pay satisfy and discharge all my just debts funeral and testamentary expenses And upon further trust to lay out and invest the residue of the said monies in their or his names or name in the Parliamentary Stocks or Public Funds of Great Britain or at interest on Government or Real Securities in England or Wales with power from time to time to alter vary and transpose the said Trust monies so to be laid out and invested as aforesaid for into or upon other Stocks funds and securities of the like nature at their or his discretion
And I declare that the Trustees or Trustee for the time being of this my Will shall stand possessed of and interested in the Principal Trust Monies and the securities in or upon which the same shall be invested and the interest Dividends and Annual Produce thereof upon the trusts following (that is to say)
Upon Trust to pay the interest dividends and Annual produce thereof to my said Wife (she continuing my Widow and unmarried but not otherwise) to be applied for her in the maintenance of herself and in the maintenance education and support of my present and future born Children and Child until they or one of them shall attain a vested interest in the portions or shares hereinafter provided for them
And after some Child of mine shall have attained a vested interest in the portions or shares hereinafter provided Then as to the said interest dividends and Annual Produce Upon Trust to pay one moiety thereof to my Wife for her life for her own individual and personal use and benefit if she shall so long continue my Widow and unmarried but not otherwise And Upon trust to pay or apply the other moiety of the said interest dividends and Annual produce for the benefit of my present and future born children equally until they shall respectively attain a vested interest in the portions or shares hereinafter provided for them
And as to the principal trust monies and the stocks funds and securities in or upon which the same shall be invested I declare that the Trustees or Trustee for the time being of this my Will shall stand possessed thereof Upon trust to pay Assign and transfer the same (but without prejudice to the provision hereinafter made for my said wife until her death or second Marriage) unto and equally between and amongst my present and future born Children and Child who being a Son or Sons shall respectively attain the Age of Twenty one years and who being a Daughter or Daughters shall respectively attain the Age of Twenty one years or marry under that Age with the consent of my Trustees for the time being
And in case no Child of mine shall live to attain a vested interest in the said Principal Trust Monies Then I direct my Trustees for the time being to pay the whole of the said Interest Dividends and Annual produce thereof to my Wife for her life if she shall so long continue my widow and unmarried but not otherwise
And after the death or second marriage of my said Wife which shall first happen Then I declare that the Trustees or Trustee for the time being of this my Will shall stand possessed of and interested in the said Trust monies Stocks Funds and Securities and the Interest Dividends and Annual produce thereof Upon Trust to pay the said Interest Dividends and Annual produce to my Sister Elizabeth the wife of the said Thomas Stone for her life
And after her decease Upon Trust to pay divide and transfer the said Principal Trust monies, Stocks, Funds and Securities unto and equally between and amongst the Children of my Sister the said Elizabeth Stone as Tenants in Common and to be vested Interests in them and each of them as and when they shall severally attain the Age of Twenty one years
Provided always and I do hereby declare That if the Trustees appointed in this my will or to be appointed as hereinafter is mentioned or any of them or their or any of their heirs Executors Administrators and Assigns shall happen to die or be desirous of being discharged from or refuse or decline or be incapable to act in the Trusts hereby in them reposed as aforesaid before the said Trusts shall be fully executed Then and in such case and when and so often as the same shall happen it shall and may be lawful to and for the said surviving or continuing Trustees or Trustee or the Executors or Administrators of the last surviving or continuing Trustee by any deed or deeds in writing to be by them him or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time to nominate substitute or appoint any person or persons to be a Trustee or Trustees in the stead or place of the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid
And when and so often as any new Trustee shall be nominated and appointed as aforesaid All the Trust Estates monies and premises the Trustee or Trustees whereof shall so die or desire to be discharged or refuse or decline or become incapable to act as aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred in such sort and manner and so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing Trustee or Trustees as occasion shall require
To the uses and upon and for the Trusts intents and purposes hereinbefore expressed and declared of and concerning the said Trust Estates monies and premises or such of them as shall be then subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the Trustee or Trustees in whose room he or they shall be substituted
Provided always and I do hereby further declare that the Trustees hereby appointed and to be appointed as aforesaid and each and every of them shall be chargeable respectively for such monies only as they shall actually receive And any one of them shall not be answerable for the others or other of them or for involuntary losses
And it shall be lawful for them out of the monies which shall come to their hands under this my will to retain to and reimburse themselves respectively and also to allow to each other all costs charges damages and expences which they or any of them shall suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid Trusts or in relation thereunto
Provided always and I do hereby declare that my Trustees for the time being shall have full power and authority either to exercise the power of Sale hereinbefore given to them in respect of my said real Estate or any part or parts thereof or to hold the same unsold as they in their discretion shall think proper
And I hereby further declare That my said real Estate and every part thereof while unsold and undisposed of shall for the purposes of this my will be deemed and considered in the nature and of the quality of personal Estate
Provided always and I further declare my mind and will to be that in the meantime and until the vesting of the different portions sum and sums of money hereby given and made payable the Trustees for the time being of his my will shall have power to apply the Interest and Annual Income arising therefrom for or towards the maintenance and education of the person or persons presumptively entitled thereto
I devise all Estates vested in me upon any Trusts or by way or mortgage to the said John Bell Thomas Stone and William Coleman and their heirs subject to all Equities Affecting the same
I appoint the said John Bell Thomas Stone and William Coleman Executors of this my will and hereby revoke all former Wills and declare this to be my last Will and Testament
In Witness whereof I have to this my last Will and Testament set my hand and Seal this twenty eighth day of March in the year of Our Lord One thousand eight hundred and forty three
The mark of Richard Hill Park
Signed and sealed by the above named Richard Hill Park the Testator and by him acknowledged as and for his last Will and Testament before us the undersigned who were present at the same time and in the presence of the said Testator attested and subscribed the same as witnesses thereto
Frederick Edward Langley Surgeon Normanton on the Wolds
John Grove Slight Curate of Barrow-upon-Soar
W Richards Clerk to Messrs Freeth & Rawson Solicitors Nottingham
22nd Septr 1843 Let a Probate be made to John Bell of Hickling in the County of Nottingham Farmer, Thomas Parnham Stone (called in the Will Thomas Stone) of Barrow upon Soar in the County of Leicester and William Coleman of Long Clawson in the said County of Leicester Farmer the joint Executors named in the Will of the deceased
They having been first duly sworn as well to the faithful execution of the Will as that the Testators Goods Chattels and Credits without deducting anything on account of debts due and owing from the deceased are under the value of one thousand and five hundred pounds and that the deceased died on the 31st March last past
Same Day Probate dated