Anthony Rodgers 1815 of Eaton will
National Archives PROB 11/1574/12
In the Name of God Amen I Anthony Rodgers of Eaton in the County of Leicester Grazier being at this time of sound and disposing mind memory and understanding praised be God for the same do make this my last will and Testament in manner and form following that is to say
Principally I recommend my Soul into the hands of Almighty God the Author of it beinge in hopes of a joyful Resurrection of life Eternal through the Merits and Mediation of my Saviour Jesus Christ
My Body I commit to the Earth of which it was made to be decently interred at the discretion of my Executor hereinafter named
And as to all the worldly Estate wherewith it has pleased God to bless me I dispose thereof as follows
First I direct that all my just debts that I shall owe at the time of my decease my Funeral Expences and the Charges of proving this my Will be paid and satisfied by my Executor hereinafter named out of my Personal Estate
Also I give & devise unto my dear and loving Wife Elizabeth Rodgers & her assigns all that Messuage or Tenement situate standing and being in Eaton aforesaid wherein I now dwell together with the Garden in my own occupation and also a coal House called the old Coal House standing in the Yard belonging to my said dwelling House and adjoining the Street for and during the term of her natural life and from and immediately after her decease I give and devise the said Messuage Garden and Coal House unto my Brother Thomas Rodgers his Heirs and Assigns for ever
Also I give and bequeath unto my said Wife Elizabeth Rodgers and her assigns for and during the term of her natural life one Annuity or clear Yearly Sum of Fifty Pounds of good and lawful Money of the United Kingdom of Great Britain and Ireland Current in England to be Issuing & payable out of my Farm Yard Barns Stables Lands Closes and Heredits hereinafter by me devised to my said Brother Thomas Rodgers in manner hereinafter mentioned and to be paid and payable by two equal half yearly payments (to wit) the Feast of the Annunciation of the blessed Virgin Mary and the Feast of Saint Michael the Archangel in every year the first payment thereof to begin and be made at or upon such of the said feast days as shall first and next happen after my decease And I do hereby charge and make chargeable all my Messuage Lands Closes and premises hereinafter by me devised to my Brother Thomas Rodgers with the payment of the said Annuity accordingly
Provided always that in case it shall happen that the said annuity or Yearly Sum of Fifty Pounds or any part thereof shall be behind or unpaid in part or in the whole by the space of Thirty days next after any of the said days and times of payment whereon the same ought to be paid then and so often as the same shall happen it shall and may be lawful unto and for my said wife Elizabeth Rodgers and her assigns for and during the term of her natural life to enter into and upon all or any part or parts of the sd Farm Yard Closes Heredits & Premises or any part thereof and to distrain and the distress and distresses there and then found to take and drive away and to impound and keep them or otherwise to sell and dispose thereof according to the due course of Law until she or they shall be duly satisfied & paid the said Annuity or yearly Sum of Fifty Pounds and all arrears thereof and all Costs Charges and Expences occasioned by the nonpayment thereof the day and times hereinbefore appointed for that purpose
Provided also that in case the said Annuity shall be behind or unpaid in part or in the whole by the space of Forty eight days next after any of the said days of Payment whereon the same ought to have been paid as aforesaid having been lawfully demanded then and so often it shall and may be lawful unto and for my said wife Elizabeth Rodgers & her Assigns unto & upon the said Farm Yard Closes Lands & Heredits hereinafter by me give & devised to my said Brother Thomas Rodgers out of which the said Annuity is directed to be paid or any part or parts thereof in the Name of the whole to enter and the same to have possess & enjoy and to receive and take the Rents Issues and Profits thereof and of every part thereof until she or they shall be fully paid and satisfied the said Annuity and all arrears thereof together with such Costs Charges Damages & Expences as shall be occasioned by the nonpayment thereof
And I do hereby expressly declare the devise to my said Wife of the said Messuage Garden & Annuity shall be in full bar and satisfaction of her right or title of dower or thirds which she my said wife Elizabeth Rodgers can or may hereafter claim of into or out of all or any of my Messuages Lands Tenements and Heredits and my will and meaning further is that in case my said wife Elizabeth Rodgers shall refuse to release to my said Brother Thomas Rodgers his Heirs or Assigns all her said right to the said claim of dower and thirds within Six Months next after my decease or shall make any claim of dower or thirds of into or out of all or any part of my said Messuages Lands Tenements and Heredits then in either of the said Cases my will is that the aforesaid devise to her of the said Messuage or Tenement Garden and Coal house for her life shall be void and of none effect and that the said Annuity shall not be raised or paid and I do hereby in that case devise the same Messuage Garden and Coal house to my said Brother Thomas Rodgers his Heirs and Assigns to hold to and to the use of my said Brother Thomas Rodgers his Heirs and Assigns from and immediately after such refusal by my said wife to release her said right of dower or the making such claim of dower as aforesaid
Also I give and devise all that my Farm Yard together with the Barns Stables and all the Outbuildings now used with the said Messuage or Tenement wherein I now dwell except the Coal house called the Old Coal house and also all that my Messuage or Tenement and Orchard with the Appurts situate standing and being in Eaton aforesaid and now in the tenure of my Brother Thomas Rodgers & also all those my several Closes or Grounds enclosed Lands Tenements and Heredits situate lying and being within the Lordship or Liberties of Eaton aforesaid with the appurts unto my said Brother Thomas Rodgers his Heirs and Assigns forever subject nevertheless to and charged and chargeable with the Payment of the said Annuity or yearly Sum of Fifty Pounds unto my said Wife Elizabeth Rodgers upon the Conditions hereinbefore mentioned And also subject to the right of my said Wife Elizabeth Rodgers from time to time and at all times hereafter during the term of her natural life if she shall be so minded to keep two Cows upon any part of the said Closes and Premises so by me given and devised to my said Brother Thomas Rodgers situate at Eaton aforesaid and to depasture the same in any of the said Closes during the Summer and in Winter to put the said two Cows so to be kept in some convenient Hovel or Shed in or about the said Farm Yard my said Brother the said Thomas Rodgers finding and providing for the said two Cows Sufficient quantity of Hay and Fodder during the time they shall be so kept up and also Subject as to the said Orchard to the right of my said wife Elizabeth Rodgers on entering thereon from time to time to gather the fruit that shall be therein which I do hereby give to her for her own use during the term of her natural life and also Subject as to the Pump standing against the door of my said dwelling House to the right of my said wife to make use thereof from time to time during the term of her natural life and my mind and will further is that the said Messuage or Tenement and Premises so as aforesaid given unto my said Wife Elizabeth Rodgers for her life as aforesaid shall be repaired maintained and kept in repair during her life by my Executor hereinafter named out of my Personal Estate and my will further is that my said Executor shall find and provide for my said Wife Elizabeth Rodgers one Load of Manure for her Garden in every year so long as she shall live
Also I give and Devise all those my two Closes or Grounds enclosed situate at Rearsby in the said County of Leicester and now or late in the tenure or occupation of Thomas Blower unto my said Brother Thomas Rodgers and his assigns for and during the term of his natural life and from and immediately after his decease then I give and devise the said two Closes or Grounds inclosed unto my Nephew William Rodgers the Son of my said Brother Thomas Rodgers and his Heirs for ever
Also I give and bequeath unto my Nephew Thomas Rodgers the Sum of One thousand Six hundred Pounds which I do direct shall be a vested Legacy in him at the age of Twenty one years and that the same shall be paid to him when he shall attain the age of Twenty five Years & with Interest for the same after the rate of four pounds for One hundred Pounds by the year from the time of his attaining the age of Twenty one Years
Also I give and bequeath unto my said Wife Elizabeth Rodgers all and every my household Goods Furniture Plate Linen China ware & Personal Estate of every kind and sort whatsoever except my ready Money & Securities for Monies which shall be found in and about my dwelling House at the time of my decease
I also give and bequeath unto my said Wife Elizabeth Rodgers the Sum of Forty Pounds to be paid to her within Fourteen days next after my decease by my said Executor hereinafter named
I also give and bequeath unto my said Wife Elizabeth Rodgers the Sum of Two hundred and Sixty Pounds to be paid to her within two Calendar Months next after my decease and my will and meaning is that in case my said Wife shall happen to die in my life time that then the said two several Legacies or Sums of Forty Pounds and Two hundred & Sixty pounds shall be divided equally amongst her nieces the daughters of her Sister Mary Williamson
Also I give unto the Sons of my Nephew Roger Holmes deceased the Sum of Twenty five pounds apiece and unto the daughters of my said Nephew Roger Holmes deceased the Sum of Fifty pounds to be divided equally between them unto my great Nephew Thomas Holmes the Son of my Nephew William Holmes deceased and unto my Nephew Thomas Holmes the Sum of One hundred pounds apiece unto my Nephew Edward Holmes the Sum of one hundred & fifty pounds unto my Nephew John Holmes the Sum of Thirty pounds and unto my Niece Ann the wife of John Glenn the sum of One hundred pounds
And I hereby direct that the said Legacies shall be paid to the said several Legatees respectively within twelve Calendar Months next after my decease except such as are otherwise directed
I also give and bequeath to Mary Williamson one of the Nieces of my said Wife Elizabeth Rodgers the Sum of Fifty pounds to be paid to her by my said Executor
And I hereby direct my Executor hereinafter named to pay into the hands of the Minister of the Parish Church of Eaton aforesaid for the time being the Sum of Five pounds on or before the Christmas Day next after my decease In Trust to be by him distributed amongst the poor of the said parish and to pay the further Sum of Five Pounds on or before the Christmas Day following to the Minister of the said Parish for the time being In Trust also to be by him distributed amongst the poor of the said parish of Eaton and I hereby charge my Personal Estate with the payment thereof accordingly
And as to for & concerning all the residue of my ready Money Securities for Moneys Goods Cattle Chattels Real and Personal Estates whatsoever & wheresoever and of what nature or kind soever not hereinbefore disposed of I give devise and bequeath the same and every part thereof after payment of my just Debts Funeral Expences and the Legacies aforesaid unto my Brother Thomas Rodgers whom I do hereby make Constitute and Appoint sole Executor of this my last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made and declare this only to be my last Will and Testament
In Witness whereof I the said Anthony Rodgers the Testator have to this my last Will and Testament contained in Six Sheets of Paper to the first five Sheets thereof set my hand and to this Sixth and last Sheet my hand and Seal the Fourteenth day of June one thousand Eight hundred & Eight
Ant Rodgers
Signed Sealed published and declared by the said Anthony Rodgers the Testator as and for his last Will and Testament in the Presence of us who in his presence and in the presence of each other have Subscribed our Names as Witnesses hereto the interlineaton in the fifth Sheet whereby the Sum of Twenty five pounds apiece is given to the Sons of his Nephew Roger Holmes and unto the daughters of his said Nephew Roger Holmes the Sum of Fifty Pounds and unto Thomas Holmes the Son of his Nephew William Holmes and unto his Nephew Thomas Holmes One hundred pounds apiece and the word Fifty lower down on the same Sheet having been first interlined and written upon erazures and the date being the Fourteenth of June One thousand Eight hundred & Eight also first interlined
Saml Caldecott
Francis Turner
George Blankley
On the 4th October 1815 Admon with the will annexed of the Goods of Anthony Rodgers late of Eaton in the County of Leicester widower deceased was granted to John Rodgers the Nephew and one of the next of kin of the said deceased he having been first sworn by Commission duly to administer
Thomas Rodgers the Brother sole Executor and Residuary Legatee died in the life time of the said Testator
