Rushland Berry 1832 of Long Clawson will

Berry Rushland of Long Clawson 1832 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1832

This is the last Will and Testament of me Berry Rushland of Long Clawson in the County of Leicester Yeoman

First I direct all my just debts funeral and Testamentary expences to be fully paid

I Give Devise an bequeath All my Messuages Cottages Closes lands Tenements hereditaments and Real Estate situate at Long Clawson aforesaid or elsewhere with their and every of their appurtenances And also All my personal Estate and Effects whatsoever of which I shall die possessed unto my Three friends Thomas Green of Nether Broughton Innkeeper Markham Hoe of Long Clawson aforesaid Farmer and William Clark of Melton Mowbray Auctioneer their heirs executors administrators and assigns for ever Upon Trust as soon as convenient after my decease absolutely to sell and dispose of all my said Real and personal Estate and Effects in such manner as they or the Survivors or Survivor of them may think proper and apply the monies to arise from the sale thereof upon the several Trusts and purposes hereinafter mentioned – that is to say –

I give to my Wife Frances Rushland and her assigns during her life One Annuity or Yearly sum of Ten Pounds which I will shall be paid half yearly on the fifth day of April and the Tenth day of October in every year the first payment to be made on such of the said half yearly days as shall first happen after my decease

And as to All the Residue and Remainder of the monies to arise from the sale of my said Real and Personal Estate I direct that the same shall be divided by my said Trustees in equal portions unto and amongst all my Children – namely – Thomas Rushland Elizabeth Littler Mary Brice Sarah McHain Sarai Welborn Frances Eyre and Ann Pears share and share alike (except the Share of my daughter Sarai Welborn which I hereinafter Secure to her specially) And which several shares of all my said Personal Estate and Effects I will shall be paid to them and each of them my said Children (except as aforesaid) within Twelve months after my decease or to their Respective executors or administrators

And with Respect to the Share of my said daughter Sarai Welborn I direct my said Trustees or the Survivor of them his Executors or administrators to place the same out upon good Security and pay and apply the Interest thereof from time to time as it becomes due to and for the only use and benefit of my said daughter Sarai Welborn for her sole and Separate use absolutely during the life of her present husband John Welborn and that her receipt alone shall (notwithstanding her Coverture) be good and sufficient discharges to my said Trustees for such Interest so to be paid to her as aforesaid And from and after the decease of the said John Welborn in case she survives him Then I Give the said Share unto my said daughter Sarai Welborn together with all Interest which my be then due thereon for her own use Absolutely or to her executors or administrators

And for facilitating the Sale of my said Real Estate and premises my will is that the Receipt or Receipts of the said Thomas Green Markham Hoe and William Clark or the Survivors or Survivor of them their or his heirs executors or administrators shall be good and sufficient discharge and discharges to the purchaser or purchasers thereof or of any part thereof And that such purchaser or purchasers shall not be obliged to see to the application of such purchase monies or be accountable for the Misapplication or nonapplication thereof or of any part thereof

And I further declare that my said Trustees or the Survivors or Survivor of them shall be at liberty out of the said Trust monies and premises to Retain all necessary costs charges and expences they may be at or put to in executing the aforesaid Trusts so reposed in them and that neither of them shall be answerable for any thing except his own wilful neglect or default not one for the other but each for his own acts deeds and defaults only

And Lastly I do hereby appoint the said Thomas Green Markham Hoe and William Clark Joint Executors In Trust of this my last Will and Testament hereby Revoking all former Wills by me made

In Witness whereof I have hereunto set my hand and Seal this Eighteenth day of August one thousand eight hundred and Thirty one

                                                                                                         Berry Rushland

Signed sealed published and declared by the said Testator Berry Rushland as and for his last Will and Testament in the presence of us who have at his Request in his presence and in the presence of each other set our hands as Witnesses to the due execution thereof

William Fisher

John Doubleday

… Jesson

Melton Mowbray Aug: 7 1832

Let a probat be granted to Thomas Green of Nether Broughton Innkeeper in the County of Leicester Markham Hoe of Long Clawson in the said County Farmer and William Clark of Melton Mowbray Auctioneer joint Executors in trust named in the Will of Berry Rushland who died at Long Clawson in the month of March last past

They the said Thomas Green Markham Hoe & William Clark being duly sworn as well to the faithful execution of the Will, as that the Testator’s Goods, Chattels & Credits, as they were at his death, without deducting any Debts owing by him therefrom did not amount in value to the sum of Six hundred pounds

                                                                                                         Before me William Greenwood

Will exhibited before the Rev William Lowfield Fancourt Clerk DD & Surrogate & Probate decreed to pass Seal in the presence of

John Stockdale Hardy Actuary & Depy Registrar

7th Aug 1832 Probate dated