Richard Pell of Plungar 1895 Will

Leicestershire, Leicester and Rutland Archives DE 462/38

This is the last Will and Testament of me Richard Pell of Plungar in the County of Leicester Farmer

I appoint my Wife Ann Pell my Son Joseph Pell and my Brother Joseph Pell to be the Executors and Trustees of this my Will

I bequeath my Piano to my Daughter Annie Elizabeth Pell

I bequeath to my said Wife Ann Pell such part of my wearing apparel furniture and articles of Household use or ornaments (except the said Piano) as she may select and a legacy of Fifty Pounds to be paid to her as soon as conveniently may be after my decease

I devise and bequeath to my said Wife during her life the occupation free of rent rates or taxes of such one of the four cottages situate at Plungar aforesaid called Pells Row as my said Wife may select to reside in and an annuity of Thirty Pounds such occupation and annuity however to be enjoyed and payable only at the time and in the event and on the conditions hereinafter mentioned

I also bequeath to my Daughters Annie Elizabeth Pell and Gertrude Jane Pell in case they shall respectively attain the age of twenty one years or marry under that age Two hundred and fifty pounds each such legacies however not to be payable until my said Son Joseph Pell shall attain Twenty seven years of age or die under that age

I devise to my Son William Pell in fee simple in case and when he shall attain the age of Twenty one years my Ten acres of Freehold land situate at Stathern Field in the said County of Leicester

I devise and bequeath all my residuary real and personal estate To my Trustees hereinbefore named Upon Trust thereout to pay my funeral and testamentary expenses and debts and subject thereto To permit my said Wife to carry on my business of a Farmer and to receive the income and profits arising therefrom and from any other part of my said residuary real and personal estate until her death or until my said son Joseph Pell shall attain twenty seven years of age which ever event shall first happen subject however to the obligation that she shall thereout clothe maintain and educate such of my children as being sons shall for the time being be minors and being Daughters shall not have been married And after the death of my said Wife or my said Son Joseph Pell shall attain Twenty seven years of age which ever event shall first happen then To hold my said residuary real and personal estate Upon trust for my said Son Joseph Pell absolutely the same to be vested in the said Joseph Pell on his attaining the age of Twenty one years but to be paid or transferred to him when he shall attain the age of Twenty seven years subject to the obligation that he shall thereout clothe and maintain my said Wife during her life in case she shall reside with him but in case she shall not reside with him then subject to the occupation free of rates and taxes by my said Wife during her life of the Cottage aforesaid and to the payment by him to my said Wife during her life of the hereinbefore mentioned Annuity of Thirty pounds a year by equal monthly payments

I declare that the said Annuity of Thirty Pounds shall be charged upon and issuing and payable out of my said residuary real estate in aid but not in exoneration of my said residuary personal estate and I empower the recipient thereof for the time being by distress and entry upon and perception of the rents and profits of my said residuary real estate to recover payment of the said annuity when in arrear for Twenty one days and she shall have the power and remedies for recovering the said Annuity which Landlords have for recovering arrears of rent

I declare that the income or annual produce arising from the Two hundred and fifty pounds and Two hundred and fifty pounds and the Ten acres of freehold land hereinbefore respectively bequeathed and devised prior to the time of their respectively becoming payable to or vesting in the legatees and devisee thereof shall for the time being be deemed to be and treated and disposed of as if it were income arising from my said residuary real and personal estate

I declare that after the death of my said Wife in case my said Son Joseph Pell shall then not have attained the age of Twenty seven years the Trustees for the time being of this my Will shall carry on my business of a Farmer until my said son Joseph Pell shall attain the age of twenty seven years and shall out of the income and profits arising therefrom and from any other part of my said residuary real and personal estate maintain educate and clothe such of my children as being sons shall for the time being be minors and being Daughters shall not have been married

And I direct my said Trustees in this event to allow out of such income and profits such annual sum as they may think fit as salary to my said son Joseph Pell notwithstanding he is a Trustee of this my Will in case after he shall have attained the age of Twenty one years he shall be employed by them in my said business of a farmer

In Witness whereof I have hereunder set my hand and I have also set my hand to each of the Two preceding sheets of this my Will this Twenty third day of April One thousand eight hundred and ninety two

                                                                                                         Richard Pell

Signed by the said Testator as his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as Witnesses

Arthur Williams, Solicitor, Nottingham

Thos Warsop his Clerk

On the sixteenth day of August 1895 Probate of this Will was granted at Leicester to Ann Pell Widow the Relict, Joseph Pell the Son and Joseph Pell the Brother the Executors