Pennistone Thomas 1840 of Plungar will

Thomas Pennistone of Plungar 1840 Will

Leicestershire, Leicester and Rutland Archives PR/T/1840/123


This is the last Will and Testament of me Thomas Pennistone of Plungar in the County of Leicester Farmer

I Give and devise all and singular my real Estate whatsoever and wheresoever unto my wife Sarah Pennistone for her life if she shall so long remain my widow and immediately from and after the decease or marriage again of my wife which shall first happen I Give and devise the same unto my two Sons William Dewey and John Pennistone their heirs and Assigns for ever as tenants in common, Subject nevertheless to the payment of such part of my just debts funeral and testamentary expences And the legacies hereinafter bequeathed as my personal Estate shall be insufficient to pay

I hereby give and bequeath unto my Sons George Pennistone and Daniel Pennistone and my daughter Ann Thomson the sum of Thirty Pounds each, unto my daughters Mary Simpson and Elizabeth Fryer the sum of Forty Pounds each and to my daughter Sarah Bates the sum of one shilling in consequence of my having expended on her son Gregory a sum equal to the bequest to my other children, all which legacies I direct shall be paid at the end of twelve months after my decease

Provided nevertheless in case my trustees shall think my son in law John Fryer Not so far reformed as to make a proper use of the money I direct them to retain and invest the legacy of Forty Pounds hereinbefore bequeathed to my daughter Elizabeth Fryer and pay her the Interest only as the same shall become due and be received

I give and bequeath the residue of my personal Estate and Effects unto Thomas Bonser of Plungar aforesaid Farmer and Daniel Penniston of the same place Cordwainer their Executors administrators and assigns Upon trust to convert the same into money and invest the … at interest on Government or real security and pay the interest unto my said wife during her widowhood for her own use and benefit and at her marriage again or death which shall first happen to pay the said principal trust moneys unto my said two sons William Dewey and John Pennistone in equal shares

The receipts in writing of said trustees shall be sufficient discharges to the persons paying to them any moneys under this my will for the amount in such receipts expressed to be received

My said trustees shall not be answerable for more money than they respectively shall actually receive nor for involuntary losses nor the acts of each other And they shall reimburse themselves and each other out of the said trust moneys for their loss of time trouble and expences in carrying into execution the trusts hereby reposed in them

And lastly I appoint my said wife Sarah Penniston & my two Sons William Dewey and John Pennistone joint Executrix and Executors of this my will in witness whereof I have hereunto subscribed my name this Twenty second day of January in the Year of our Lord One thousand Eight hundred and Thirty nine

                                                                                                         Thos Pennistone

Signed by the said Thomas Pennistone in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto

Isaac Watchorn

James Wright

Mary Langton


I Thomas Penniston of Plungar in the County of Leicester Farmer being desirous to alter & revoke Part of my Last Will & Testament made and … by me (to the best of my recollection) nearly twelve months since and witnessed by James Wright and Isaac Watchorn both of Plungar, do hereby make this by way of Codicil to my said will

Whereas by my said Will I did give and bequeath unto each of my  children Mary Flint, Elizabeth Fryer, Ann Stevenson, George Penniston, and Daniel Penniston the sum of Forty Pounds to be paid to them severally within twelvemonths after my decease, I do hereby revoke these bequests, and instead thereof I do hereby give and bequeath to my daughter Mary Flint the sum of Thirty Pounds, to my daughter Elizabeth Fryer the sum of Thirty Pounds, to my daughter Ann Stevenson the sum of Thirty Pounds, to my son George Penniston the sum of Ten Pounds, and to my son Daniel Penniston the sum of one Pound to be paid to them severally within two years after my decease, and in such manner and with such limitation in reference to Elizabeth Fryer as is expressed in my said Last Will & Testament

In witness whereof I have to this Codicil to my Last Will & Testament set my hand and seal this eleventh day of January one Thousand eight hundred and forty

                                                                                                         Thomas Pennistone

Signd seald publishd and declared as and for a codicil to the last will and Testament of Thomas Penniston in the presence of us, who in his presence and in the presence of each other have hereunto set our hands as witnesses thereto on the day of the date above written

Frederic G Burnaby

James Wright

November 1840

Sarah Pennistone, the Executrix in this will named, was duly sworn to the truth, and faithful performance thereof, as usual, and that the goods, chattels, and credits of the deceased do not amount in value to the sum of Three Hundred Pounds, and that the deceased died on the twenty first of January, 1840

                                                                                                         Before Thomas Powys Outram Surrogate to the Commissary

Power reserved for William Dewey and John Pennistone, the other executors in this will named, when they shall apply for the same

In the Court of the Commissary of the Archdeaconry of Leicester

Appeared personally the Reverend Frederick George Burnaby of Barkston in the County of Leicester Clerk and made oath that he is one of the Subscribed Witnesses to a paper writing purporting to be a Codicil to the last Will and testament of Thomas Pennistone late of Plungar in the said County Farmer deceased & which Paper writing is now hereunto annexed and marked with the letter (B) And the Deponent further made oath that on the Seventh day of January last past he did see John Caunt of Plungar aforesaid Farmer & Grazier in the presence and by the direction of the said Thomas Pennistone sign the names of the said deceased at the foot or end of the said Codicil which Signature was Acknowledged by the said deceased in the presence of this Deponent and of James Wright of Plungar aforesaid cottager, who were both present at the same time And the Deponent further made oath that at the Time aforesaid he did see the said testator seal publish and declare the said Paper Writing as and for a Codicil to his said last Will and Testament in the presence also of the said James Wright the other subscribing Witness thereto who were then together present at the same time with the said deceased And this Deponent and the said James Wright thereupon attested and Subscribed the said Codicil in the presence of the said testator and of each other

                                                                                                         Frederic George Burnaby

On the eighteenth day of November One thousand eight hundred and forty the said Frederick George Burnaby, Clerk, was duly sworn at Barkestone in the County of Leicester to the truth of the aforegoing Affidavit

                                                                                                         Before me Thomas Powys Outram Surr: to the Commissary