William Piggin of Hose 1881 Will
Leicestershire, Leicester and Rutland Archives DE 462/24
This is the last Will and Testament of me William Piggin of Hose in the County of Leicester Gentleman
I appoint Maria Smith (who was educated by me and in the year one thousand eight hundred and sixty two went to her Mother in Philadelphia) Hilda Jane Swift (who now resides with me and has done so for many years) and my Cousin Frederick Piggin of Stapleford near Nottingham Butcher Trustees and Executors of this my Will and I devise to them their heirs and assigns all estates vested in me upon any trust or by way of Mortgage subject to the trusts and equities affecting the same respectively
I bequeath to the said Frederick Piggin a Legacy of One hundred pounds free of duty to be paid at the expiration of five years from my death without interest
I bequeath to my housekeeper Mary Ann Morton an annuity of Twenty pounds (free of Legacy Duty) during her life to be paid by equal half yearly payments the first to be made at the expiration of Six Calendar months from my death
I bequeath all my Money Securities for money furniture and all other my personal estate and effects to my Trustees Upon trust to sell call in and convert into money the same or such part thereof as shall not consist of money and thereout to pay my funeral and testamentary expenses the above Legacy and my debts including any debts due on Mortgage of any part of my real estate and upon trust to divide the net residue (if any) of my personal Estate between the said Maria Smith and Hilda Jane Swift in equal shares and in case one of them shall die in my lifetime I bequeath the whole of my residuary personal estate to the survivor of them
I give and devise all my Messuages lands tenements ground rents chief rents hereditaments and premises (hereinafter called my real estate) subject to and after payment thereout of my funeral and testamentary expenses and debts and the said Legacy in case my personal estate should be insufficient to pay the same Unto and to the use of my Trustees their heirs and assigns Upon the trusts and with and subject to the powers and provisions hereinafter declared and contained concerning the same (that is to say) Upon Trust that my Trustees shall out of the Income of my real Estate pay the said annuity to the said Mary Ann Morton during her life and upon trust that my Trustees shall pay one equal moiety or half part of the income of my real Estate (subject to the payment thereout of one equal moiety of the said annuity) to the said Maria Smith during her life and after her death upon trust that my Trustees shall pay the same moiety of the said income to the said Hilda Jane Swift during her life and after her death to or for the benefit of the Child if only one or all the children in equal shares if more than one of the said Hilda Jane Swift until the youngest of them for the time being attains the age of twenty one years
And I declare that my Trustees shall pay the other equal moiety of the income of my real Estate (subject to the payment thereout of the other moiety of the said Annuity) to the said Hilda Jane Swift during her life and after her death to or for the benefit of the child if only one or all the children in equal shares if more than one of the said Hilda Jane Swift until the youngest of them for the time being shall attain the age of twenty one years but if the said Hilda Jane Swift shall not leave any child surviving her or leaving such none shall attain the age of twenty one years then from and after the death of the survivor of the said Hilda Jane Swift and her children the last mentioned moiety of the said income shall be paid to the said Maria Smith during her life
And I declare that so soon after the death of the survivor of them the said Maria Smith and Hilda Jane Swift as the youngest child for the time being of the said Hilda Jane Swift shall attain the age of twenty one years the whole of my real estate shall be sold and the net monies arising therefrom shall be held In trust for all or any the children or child of the said Hilda Jane Swift who being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry and if more than one in equal shares as tenants in common and if there shall be no child of the said Hilda Jane Swift living at my death or born in due time afterwards who being a Son attains the age of twenty one years or being a daughter attains that age or marries then subject to the trusts and powers herein contained and declared and to every exercise of such power my Trustees shall hold my real Estate In trust for such person or persons and for such purposes as the said Maria Smith shall whether married or unmarried by Will or Codicil appoint And in default of and subject to any such appointment In trust for Mrs Hannah Morley formerly of Arnold near Nottingham and now of Philadelphia for her life and after her death In trust for all the Children of the said Hannah Morley by her first and second husbands in equal shares as tenants in common in fee simple
Provided always and I hereby declare that every estate or interest whether in real or personal estate and whether absolute or limited hereby given to or in trust for any female shall be for her sole and separate use independently of any husband and so that in the case of any annuity or other estate or interest given to her for her life or any reversionary or expectant Interest she shall not have power to anticipate the same
I authorise my Trustees at any time after the death of the said Hilda Jane Swift or previously thereto with her consent in writing to raise any part or parts not exceeding in the whole the sum of Fifty pounds of the then expectant presumptive or vested share of any child of the said Hilda Jane Swift in my Real Estate under the Trusts aforesaid and to pay or apply the same for his or her advancement or benefit as my Trustees shall think fit
And I declare that it shall be lawful for my Trustees to manage or superintend the management of my Real Estate including power to cut timber for sale repairs or otherwise and to repair Houses and other Buildings and to drain and make Roads and fences and otherwise to improve all or any part of my Real Estate and to insure Houses and buildings against loss or damage by fire and to make allowances to any arrangements with Tenants and others and to accept Surrenders of Leases and tenancies and generally to manage the property as if they were absolute owners thereof without being answerable for any loss or damage which may happen thereby And also power to raise and pay the costs and expenses attending the exercise of the said powers of management and improvement out of the Income or as to any part expended in improvements which my Trustees shall consider to be of a permanent nature out of the corpus or capital of the said Trust premises and I declare that it shall be lawful for my Trustees to demise all or any part of my Real Estate for any term of years not exceeding twenty one years or for a Building or Improvement Lease not exceeding Nine hundred and ninety nine years to take effect in possession or within Six calendar months from the date of the demise at the best rent that can reasonably be obtained without taking any fine or premium but so that in case any lease shall be granted on the surrender or determination of a then existing or prior Lease or Tenancy the value of the interest so surrendered on the tenant right or claim to compensation for improvements or otherwise in respect of such Tenancy may be taken into account in fixing the Rent and terms of the new Lease
Provided always and I do hereby declare that it shall be lawful for my Trustees notwithstanding any of the Trusts hereinbefore contained to sell or mortgage or to sell and afterwards to mortgage all or any part of my real Estate (except my ground rents payable in respect of property in Sherwood and Colville Street Nottingham and my building Land in Wood Lane and Trent Lane Nottingham and my Building Land at Mansfield) and to apply the net moneys arising from any such Sale or Mortgage in or towards payment or satisfaction of my debts whether secured by Mortgage or otherwise funeral and testamentary expenses and the Legacy hereinbefore bequeathed or so much thereof as my personal Estate shall be insufficient to pay or to apply the same in or towards payment of any money required for the advancement of the children of the said Hilda Jane Swift or for any other purpose authorised by this my Will and I direct that my Trustees shall invest the net residue of the moneys to arise from any such sale or mortgage as aforesaid and shall stand possessed thereof and of the investments for the time being representing the same and of the income thereof upon trust for the same persons and person and for the same intents and purposes and with and under the same powers and provisions as my real Estate is hereinbefore directed to be held in trust for or is subject to
And I declare that any sale of my Real Estate may be effected by my Trustees either by Public Auction or Private Contract with power to my Trustees to make any special or other Conditions of Sale as to the Title or evidence of Title or otherwise and with power to buy in the premises at any sale by auction or to rescind any contract either on terms or gratuitously and to resell the premises without being answerable for any consequent loss
Provided Also and I do hereby declare that in case either or both of them the said Maria Smith or Hilda Jane Swift shall marry in my lifetime or after my death then and in every such case the one so marrying shall from and after her marriage cease to be a Trustee of this my Will and that if the Trustees hereby constituted or any of them shall die in my lifetime or if they or any of them or any Trustee or Trustees appointed under this present power or by a Court of competent Jurisdiction shall die after my decease or reside abroad or desire to be discharged or refuse or become unfit or incapable to act or if the said Maria Smith or the said Hilda Jane Swift shall marry as aforesaid then and in every such case it shall be lawful for the surviving or continuing Trustees or Trustee (and for this purpose every refusing or retiring Trustee shall if willing to act in the execution of this power be considered a continuing Trustee) or for the acting executors or executor administrators or administrator of the last surviving and continuing Trustee to appoint a new Trustee or new Trustees in the place of the Trustee or Trustees so dying or residing abroad or desiring to be discharged or refusing or becoming unfit or incapable to act or marrying as aforesaid and upon every such appointment the trust property shall as soon as circumstances will admit be vested in the Trustees for the time being but every new Trustee may as well before as after the trust property shall have been so transferred execute all the trusts or powers of this my Will as fully and effectually as if he had been hereby constituted a Trustee And I declare that the expression “my Trustees” used by me in this my Will shall mean and include the said Maria Smith Hilda Jane Swift and Frederick Piggin and the survivors and survivor of them and other the Trustees or Trustee for the time being of this my Will
In Witness where of I the said William Piggin the testator have to this my last Will and Testament contained on five sheets of paper set my hand this 8th day of April One thousand eight hundred and seventy nine
William Piggin
Signed Published and Declared by the said William Piggin the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
J Paddison Solr Melton Mowbray
Charles Rippin his Clerk
Proved at Leicester on the Twenty ninth day of January 1881 by the Oath of Hilda Jane Swift Spinster one of the Executors to whom Administration was granted. Power being reserve of making the like Grant to Maria Smith Spinster and Frederick Piggin the other Executors
The Testator William Piggin was late of Hose in the County of Leicester Gentleman and died on the Twenty sixth day of July 1880 at Hose aforesaid
Under £3,000
Latham and Paddison, Solicitors, Melton Mowbray
Proved at Leicester on the Third day of May 1881 by the oath of Maria Smith Spinster one other of the Executors to whom administration was granted
Power reserved of making the like Grant to Frederick Piggin the other Executor