Shelton William 1865 of Nether Broughton will

William Shelton of Nether Broughton 1865 Will

Leicestershire, Leicester and Rutland Archives DE 462/8

This is the last Will and Testament of me William Shelton of Nether Broughton in the County of Leicester Farmer

I give and devise all my Messuages or Tenements Closes Lands and real Estate of which I shall die possessed situate at Nether Broughton aforesaid or elsewhere unto my Wife Elizabeth Shelton and my Brother in law Jacob Johnson their heirs and assigns (and herein after called my Trustees) Upon Trust to receive the Rents & profits thereof until my youngest child now or hereafter to be born shall attain the age of twenty one years and on he or she attaining that age upon Trust that my Trustees or the survivor of them do sell the same by public auction or private contract or together or in parcels and subject to such special or other conditions of Sale as shall be deemed expedient and upon Trust to apply the Money arising from my said real Estate in manner hereinafter mentioned

And I direct that the Rents & profits of my said real Estate shall be applied unto the Sale for the benefit of my Wife and the maintenance education and bringing up of my said Children

I give and bequeath all my household Furniture Plate Linen and other household effects to my Wife absolutely

I give and bequeath all my Farming Stock Money Securities for Money and all other my personal Estate and Effects unto my said Trustees Upon Trust to carry on my farming Business (after the payment of my Debts Funeral and Testamentary Expences) for the benefit of my Wife and all my said Children so as they may be brought up maintained educated & clothed according to the discretion and direction of my said Trustees until the youngest of the said Children shall attain the age of twenty one years

When my said youngest child shall attain the age of 21 years I direct that my personal Property shall then be turned into money and my farming Business given up by my Trustees and that the money arising both from the Sale of my Real Estate and from the Balance of my personal Estate shall be applied as follows

Firstly that my Trustees do place out at Interest on real or Government Securities or on Guaranteed or preference Railway Stock or Shares the sum of Seven hundred Pounds for the benefit of my Wife and Children as hereinafter mentioned and that the then residue of the money arising from my said real and personal Estate shall be divided equally amongst such of my said children as shall then be living and to and amongst the child or children of such of my Children as shall have died before that time leaving issue such issue if more than one to take amongst them their deceased parent’s share And as to the said Sum of 700£

I direct my said Trustees to pay the Interest thereof to my said Wife during such part of her life as she shall continue my Widow and after her death or 2nd marriage Upon Trust to divide the principal or capital equally amongst such of my said children as shall then be living and amongst the child or children of such of them as shall have died before her death or 2nd marriage such children if more than one to take amongst them respectively their deceased Parent’s share Provided always that if my said Wife shall marry again she shall cease to be a Trustee as to my personal Estate and shall receive an annuity of Ten pounds per annum out of my property only during her life and shall have no other interest in the management or profits of my farm or any other of my property but it is not intended to deprive her of being a Trustee for the Sale of my real Estate And I further declare that my Trustees shall have full discretion as to the amounts of money they may apply for my Children’s benefit until the youngest attains 21 as they must act according to circumstances as I should have done if living

And I expressly direct that my Trustees shall not be answerable for any loss or diminution of my property in consequence of their carrying on my Farming Business

I also direct that my Trustees may until the division of my property takes place apply a portion of each child’s expectant share towards his or her apprenticeship or advancement in the World

And I direct that it shall be lawful for the acting Trustee or Trustees of this my Will and for the heirs executors or administrators of the surviving Trustee from time to time as often as there shall be occasion to appoint any person or persons to supply the place or places of any present or future Trustee of this my Will who may die or become unwilling or unable to act in the Execution of the aforesaid Trusts before the same shall be fully performed And that from and after such appointment the said Trust Estate and Trust Monies and the Stocks Funds and Securities in and upon which the said Trust Monies may be invested may be conveyed assigned and transferred so and in such manner that the same may vest jointly in any new and old Trustees or solely in the new Trustees as occasion shall require

And I direct that all the Powers Directions and Indemnities contained in the Sections hereinafter mentioned of an Act of Parliament of the 22nd & 23rd Victoria chap 35 entitled An Act to amend the Law of Property and to relieve trustees shall be applicable to this my Will vizt Sec 23 Purchasers not bound to see to the application of Purchase Money Sect 31 Trustees to be answerable for their own Acts only & 32 as to investing Trust Property

And I declared that my said Wife and the said Jacob Johnson shall be Executors of this my Will contained on five Sheets of Paper

Witness my hand to this 5th and last sheet this 29th day of November 1864

                                                                                                         William Shelton

Signed published and declared by the said William Shelton the Testator as and for his last Will in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names at Witnesses the interlineation of the words “that my Trustees or the survivor of them” having been first written

Stephen Miller

W Latham Sol Melton

Proved at Leicester the Seventh day of March 1865 by the Oaths of Elizabeth Shelton Widow the Relict of the deceased and Jacob Johnson the Executors to whom Administration was granted

The Testator William Shelton was late of Nether Broughton in the County of Leicester Farmer and died on the fourth day of December 1864 at Nether Broughton aforesaid

Under £1000