John Shillcock of Holwell then Melton Mowbray 1870 Will
Leicestershire, Leicester and Rutland Archives DE 462/13 page 53
This is the last Will and Testament of me John Shillcock of Holwell in the County of Leicester Grazier
I Give and bequeath unto my three Nephews Robert and Henry Barnes and Jonathan Roberts the Sons of my two Sisters Mary Roberts and Hannah Barnes the Legacy or sum of Thirty pounds apiece free of Legacy duty
Also I Give and bequeath unto my three Nieces Ann Barnes Mary Roberts and Susan the Wife of John Holmes the Legacy or sum of Ten Pounds apiece free from Legacy duty
And as to all the rest residue and remainder of my personal Estate and Effects of whatsoever nature of kind the same may be and consist of Subject to the payment of the above mentioned Legacies my debts funeral and Testamentary expences I Give and bequeath the same unto my affectionate Wife Elizabeth Shillcock for her own absolute use and benefit
Also I Give and Devise All that Messuage or Tenement Garden Hereditaments and premises situate at Holwell in the said County of Leicester which I purchased of Messrs Woodford and Posnett unto my said Wife Elizabeth Shillcock her heirs and Assigns for ever
And as to all those my Messuages or Tenements Closes Lands Hereditaments and premises situate at Long Clawson and Hose in the said County of Leicester and all other my Real Estate not before disposed of with their and every of their Appurtenances I Give and Devise the same and every part thereof Unto my two Friends William Shillcock of Hose Grange in the said County of Leicester and William Shouler of Melton Mowbray in the County of Leicester Auctioneer their Heirs Executors Administrators and Assigns according to the nature and tenure thereof Upon Trust that they the said William Shillcock and William Shouler or the survivor of them or the Heirs executors Administrators or Assigns of such Survivor (hereinafter call the Trustees or Trustee) do and shall yearly and every year or half yearly as the same shall become due collect get in and receive the rents and yearly income arising from the whole of my said Real Estate and do and shall when and as the same shall become due and received by them after payment of all expences attending the keeping the said premises in good repair and insured from fire and all other incidental expences pay the balance thereof over unto my said Wife Elizabeth Shillcock for and during the Term of her natural life to and for her own absolute use and benefit
And from and immediately after the decease of my said Wife or as soon as conveniently may be after her decease Then I direct my said Trustees and the survivor of them or the Heirs Executors Administrators or Assigns of such survivor to sell and dispose of all my said Real Estate either together or in parcels and either by Public Auction or Private Contract with full power to buy in and rescind any contract for sale and to resell the same without being responsible for any loss or diminution occasioned thereby and to do all such acts and assurances for effectuating any such sale or sales as they or he shall think fit and for facilitating any such Sale or sales and the indemnity of the purchaser or purchasers thereof I declare that the receipt or receipts in writing of my said Trustees or the survivor of them or the heirs executors administrators or assigns of such survivor shall be a good and sufficient discharge for the purchase money agreed to be paid for my said Real Estate or any parts thereof and that the persons paying the same his her or their heirs Executors Administrators or Assigns shall not be liable for any loss misapplication or nonapplication thereof respectively
And as to the monies to arise from the sale of my said Real Estate after payment of all costs charges and expences attending the Trusts of this my Will I dispose thereof as follows
I Give and bequeath the Legacy or Sum of Three hundred Pounds unto my said Niece Ann Barnes her Executors Administrators and Assigns absolutely
I Give and bequeath the further Legacy or sum of One hundred and fifty pounds unto my said niece Mary Roberts her Executors Administrators and Assigns absolutely
I give and bequeath the further Legacy or sum of One hundred and fifty pounds unto my said Niece Susan the Wife of John Holmes her Executors Administrators and Assigns absolutely
And as to all the residue and remainder of such purchase money I Give and bequeath the same unto and equally between my said three Nephews Robert Barnes Henry Barnes and Jonathan Roberts and to their respective executors administrators and assigns absolutely
I Devise and bequeath all the Estates vested in me by way of Mortgage with the Appurtenances unto the said William Shillcock and William Shouler their heirs Executors and Administrators according to the nature of the same premises subject to the equity of redemption subsisting therein respectively but the money secured on such Mortgage to be considered as part of my personal Estate and I hereby direct that the sections in part three of an Act of Parliament entitled an Act to give to Trustees Mortgagees and others certain powers now commonly inserted in Settlements Mortgages and Wills shall be considered as applicable to this my Will
And I declare that the Trustees or Trustee for the time being of this my Will shall be chargeable only with such monies as they or he respectively shall actively receive and shall not be answerable the one for the other of them nor for any banker broker or other person in whose hands any of the Trust monies shall be placed nor for the insufficiency of any Stocks funds shares or securities nor otherwise for involuntary losses
And that the said Trustees or Trustee for the time being may reimburse themselves or himself out of the monies which shall come to their or his hands under the trusts aforesaid all Expences to be incurred in or about the execution of the aforesaid Trusts
I declare that the said William Shouler shall be entitled to charge for all professional business done by him in relation to the Sale of my Real Estate or the Trusts of this my Will in the same manner as he might have done if he had not been made a Trustee and Executor hereof
And I appoint the said William Shillcock and William Shouler Trustees and Executors of this my Will
In Witness whereof I the said John Shillcock the Testator have to this my last Will and Testament written on three sheets of paper to each of which I have set my hand this twenty fourth day of August One thousand eight hundred and sixty six
John Shillcock
Signed Published and Declared by the said John Shillcock the Testator 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 at the same time set our hands as Witnesses thereto
J Miles
Robt Nicol
Clerks to Mr Clarke Solr Melton Mowbray
Proved at Leicester the twenty seventh day of January 1870 by the Oaths of William Shillcock and William Shouler the Executors to whom Administration was granted
The Testator John Shillcock was formerly of Holwell in the County of Leicester and late of Melton Mowbray in the same County Grazier and died on the twenty second day of June 1869 at Melton Mowbray aforesaid
Under £3,000