Pears Thomas 1896 of Hose will

Thomas Pears of Hose 1896 Will

Leicestershire, Leicester and Rutland Archives DE 462/39

This is the Last Will and Testament of me Thomas Pears of Hose in the County of Leicester Farmer and Licensed Victualler

I appoint my dear Wife Mary Elizabeth my son James Edward and my brother Charles Pears of Melton Mowbray in the county of Leicester Grocer (hereinafter called my Trustees) to be the Trustees and Executors of this my Will

I give to my said Wife the use and enjoyment during her life and widowhood of my household furniture, plate, linen, books and pictures and all other my household effects and after her death or remarriage the same are to fall into the residue of my estate And I direct that my Executors need not take or cause to be taken an Inventory of the same nor shall they (other than my said Wife) be responsible for any loss or damage which may happen in or to the same

And the residue of my personal estate and my real estate I give and devise unto my Trustees upon trust to sell and convert into money the residue of my personal estate in such manner in all respects as they shall think proper with full power to postpone such sale and conversion so long as they or a majority of them shall think fit and in the meantime to manage my estate and to carry on any business or businesses which I may be carrying on at my death and to employ therein all or any part of the residue of my personal estate

And upon further trust (subject to the powers aforesaid) to invest the proceeds after paying thereout my debts including any mortgage on any part of my real estate at the time of my death funeral and testamentary expenses And to pay the annual income thereof (including the profits of any business or businesses) and also the rents of my real estate (if my said Wife does not desire to occupy the same during any portion of the time her interest therein may continue she keeping the same in good repair and state of cultivation) To my said Wife during her life if she shall so long continue my widow

And from and immediately after her decease or second Marriage (which shall first happen) Then I devise unto my said son James Edward in fee simple free from incumbrances on his attaining Twenty one years of age my Dwellinghouse and paddock situate at Hose aforesaid and my five fields of arable and pasture land situate near the Canal in the Parish of Long Clawson in the said County of Leicester such fields containing together Fourteen acres or thereabouts charged with the payment of a legacy of Two hundred and fifty pounds to my daughter Florence Mary and with the payment of a like legacy of Two hundred and fifty pounds to my daughter Ethel Annie to whom I give such legacies on their respectively attaining the age of Twenty one years

I devise to my son Thomas Herbert in fee simple on his attaining Twenty one years of age my two cottages situate at Hose aforesaid and now occupied by Messrs Stevens and Johnson

And I declare that in case of any son or daughter dying under the age of Twenty one years without issue then I give and devise the property or legacy hereinbefore given or devised to such son or daughter so dying unto my Trustees Upon Trust to sell and call in the same as and when they should think fit & hold the proceeds upon the trusts hereinafter declared concerning the residue of my personal estate

And I direct my Trustees to hold the residue of the proceeds of sale of my personal estate Upon trust for all my children who being sons shall attain the age of Twenty one years or being daughters shall attain that age or marry under that age Provided always that if any child of mine shall die in my lifetime leaving a child or children who shall survive me and attain Twenty one years of age and in every such case such last mentioned children shall take and if more than one equally between them the property legacy or share which his her or their parent would have taken under this my Will if such parent had survived me and attained Twenty one years of age

And I declare that my Trustees may at their own discretion raise the whole or any part of the expectant share of any child or grandchild interested under this my Will and apply the same for his or her education advancement preferment or benefit as my Trustees shall think fit

And I declare that the power of appointing new Trustees conferred by Statute shall for the purposes of this my Will be vested in my said Wife during her Widowhood

In Witness whereof I have hereunto set my hand to this my last Will contained on this and the preceding sheet of paper this twentieth day of May One thousand eight hundred and ninety three

                                                                                                         Thomas Pears

Signed by the said Thomas Pears the Testator as his last Will in the presence of us both present at the same time who in his sight and presence and in the presence of each other have hereunto subscribed our names as witnesses

E Newcome Elborne, Solicitor, Nottingham

CH Gibson, 12 Victoria Street, West Bridgford, his Clerk

On the twenty first day of January 1896 Probate of this Will was granted at Leicester to Mary Elizabeth Pears Widow, the Relict, and Charles Pears, the Brother, two of the Executors