Poyzer Lindley 1887 of Stathern will

Lindley Poyzer of Stathern 1887 Will

Leicestershire, Leicester and Rutland Archives DE 462/30

This is the last Will and Testament of me Lindley Poyzer of Stathern in the County of Leicester Grazier

I hereby revoke all former testamentary dispositions made by me

I appoint my friends William Jackson of Eastwell in the said County of Leicester Farmer and George Braithwaite of Stathern aforesaid Lace Manufacturer and George Goodson of Stathern aforesaid Shoemaker and Grazier (who are hereinafter called “my Trustees”) to be the Executors and Trustees of this my Will and I bequeath to each of them on proving my Will the Legacy of Five pounds free of Legacy duty

I bequeath to my housekeeper Elizabeth Sandy a Legacy of Ten pounds free of legacy duty to be paid to her as soon as conveniently may be after my decease and a further Legacy of Fifty pounds free of legacy duty to be paid to her when and so soon as her natural daughter Mary Sandy now living with me shall attain the age of twenty one years

I also bequeath to the said Elizabeth Sandy an Annuity of Sixteen pounds per annum to be paid to her by four equal quarterly payments the first of which shall be made at the expiration of three calendar months after my death until the said Mary Sandy shall attain the age of twelve years and on her attaining that age I direct that the before mentioned annuity shall be increased to Twenty two pounds per annum and shall be paid to the said Elizabeth Sandy by four equal quarterly payments the first of which shall be made at the expiration of three calendar months after the said Mary Sandy shall have attained the age of twelve years until the said Mary Sandy shall have attained the age of twenty one years when the said last mentioned Annuity shall cease

I bequeath to the said Elizabeth Sandy the use and enjoyment during such time as she shall occupy the Messuage or Tenement and premises situate at Stathern aforesaid in which I now reside under the provision in that behalf hereinafter contained of the household furniture and effects being in about or belonging to the same Messuage or Tenement at my decease and I declare that it shall not be obligatory on my Trustees to cause an inventory to be made of the same household furniture and effects before the delivery thereof to the said Elizabeth Sandy nor shall they be responsible for any loss or injury which may happen thereto and on the said Elizabeth Sandy ceasing to occupy my said Messuage or Tenement and premises then I bequeath the same household furniture and effects to my Sister Agnes Barlow absolutely

I give and bequeath all my personal estate and effects not hereby otherwise disposed of Unto my Trustees Upon Trust that my Trustees shall sell call in and convert the same into money or such part thereof as shall not consist of money and shall with and out of the moneys produced thereby and out of my ready money pay my funeral and testamentary expenses and debts and the before mentioned legacies and the legacy duties thereon and shall invest the net residue of the said moneys upon any securities authorised by law for the investment of trust moneys and shall stand possessed of the said residuary trust moneys and investments and the income thereof upon any securities authorised by law for the investment of trust moneys and shall stand possessed of the said residuary trust moneys and investments and the income thereof upon the trusts hereinafter declared concerning the same

I devise my real Estate to my Trustees in fee simple Upon Trust that my Trustees shall as to my said Messuage or Tenement situate at Stathern aforesaid in which I now reside together with orchard paddock and Close of land adjoining or belonging thereto containing together four acres or thereabouts permit the said Elizabeth Sandy to occupy the same rent free from and immediately after my decease until the said Mary Sandy shall attain her age of twenty one years or for any shorter period and subject thereto shall let and manage my said real estate as they shall in their absolute discretion think fit and shall receive the annual rents and profits thereof and shall dispose thereof in the manner hereinafter mentioned

I declare that my Trustees shall stand possessed of the rents and profits derived from my real estate and of the income derived from my residuary personal estate and the investments thereof Upon the trust following namely Upon trust to pay thereout the interest of any incumbrances or any other annual sum or sums which shall at my decease be charged upon or payable out of my said real and residuary personal Estates or either of them and also the cost of repairs insurance of buildings against fire and other outgoings payable in respect of my said real Estate and also the said Annuities hereinbefore bequeathed to the said Elizabeth Sandy and shall after making the aforesaid payments pay or apply such annual sum or sums as my Trustees shall in their absolute discretion think fit for or towards the maintenance and education of the said Mary Sandy during her minority and shall accumulate the ultimate residue of the said rents and income by way of compound interest by investing the same in the manner hereinbefore authorized and the resulting income from time to time with power for my Trustees to resort to the accumulations of any preceding year or years and to apply the same for or toward any of the purposes aforesaid in the same manner as such accumulations might have been applied had they been rents and income arising in the year in which they shall be so applied

And I direct my Trustees on the said Mary Sandy attaining the age of twenty one years to dispose of my real and residuary personal Estates as follows namely as to my said residuary personal estate and investments and the accumulations of the surplus rents and income of my said real and residuary personal Estates respectively to pay or transfer the same to the said Mary Sandy absolutely but if the said Mary Sandy shall die under the age of twenty one years leaving a child or children surviving her then to pay or transfer the same to such child if only one wholly or all such children if more than one as tenants in common in equal shares but in default of such child or children then to pay or transfer the same to my Nephew Frederick Barlow Son of my said Sister Agnes Barlow absolutely

As to my said Messuage or Tenement situate at Stathern aforesaid in which I now reside with the orchard paddock and close of land containing together four acres or thereabouts thereto belong Upon trust that my Trustees shall let and manage the same at their discretion and shall pay the net rents and profits thereof to the said Mary Sandy during her life and on her decease shall sell the same and shall hold the net proceeds of such sale In trust for the child if only one or all the children if more than one as tenants in common in equal shares of the said Mary Sandy who shall be then living but in default of such child or children then In trust for my said Nephew Frederick Barlow absolutely

And as to my Messuage or Tenement and premises situate at Harby in the said County of Leicester and my several closes of land containing together Thirty two acres three roods and six perches or thereabouts situate at Langar in the County of Nottingham and all other my real estate not hereby otherwise disposed of Upon Trust that my Trustees shall convey and assure the same to my Nephews Arthur Barlow Son of the said Agnes Barlow and Sydney Poyzer the younger Son of my late Brother Otho Poyzer as joint tenants in fee simple

And I declare that my Trustees shall be Trustees of this my Will for all the purposes of the Settled Land Act 1882

In Witness whereof I have hereunto set my hand this 8th day of November 1886

                                                                                                         Lindley Poyzer

Signed and Declared by the above named Testator as and for his last Will and Testament in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

George Clamp

Alline Knapp

Proved at Leicester on the nineteenth day of February 1887 by the Oaths of William Jackson, George Braithwaite and George Goodson the Executors to whom Administration was granted

The Testator Lindley Poyzer was late of Stathern in the County of Leicester Grazier and died on the thirtieth day of November 1886 at Stathern aforesaid

Personal Estate Gross £493.3.0.  Net £479.1.2.

Latham & New, Solicitors, Melton Mowbray.