Daniel Sleath of Grimston 1849 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1849
This is the last Will and Testament of me Daniel Sleath of Grimstone in the County of Leicester Farmer
I give and devise all my Cottages Garden and real Estate situate at Grimstone aforesaid and all my personal Estate whatsoever unto my friends Thomas Hemsley of Kirby and George Lovitt of Asfordby and to their heirs and assigns Upon the following Trusts
Upon Trust as to my real Estate to sell the same at any time after my death and apply the purchase money first in discharge of the Mortgage Debt and then apply the residue in the same manner as I shall hereinafter direct as to my person Estate
I give and bequeath all my Household Furniture Stock Cropping and all other my personal Estate and Effects to the said Thomas Hemsley and George Lovitt Upon Trust that they shall if desirable continue on my Farm for the benefit of my Wife during her life and after her death Upon Trust that they first pay the money covenanted to be paid by me by my Marriage Settlement now in the possession of Mr Hemsley equally between my Wife’s two Daughters Hannah Moffatt and Eleanor Pares and upon Trust to dispose of the residue of my property equally between my three Children George Sleath Daniel Sleath and Ann Grey share and share alike
If my Son Daniel who has been several years abroad is not heard of within seven years from my death I direct my Executors to pay his Share to my said Son George and my said Daughter Ann Grey in equal shares
I expressly direct that my Executors shall not be answerable for any loss which may be occasioned in carrying on my farming and grazing business Provided always and I do hereby declare and direct that every receipt which shall be given by the said Thomas Hemsley and George Lovitt or the survivor of them his heirs executors or administrators to the person or persons who shall become the purchaser or purchasers of my said real estate or any part thereof for his her or their purchase money shall be an effectual discharge for so much money as in every such receipt shall be expressed to be received And that after taking such receipt the person or persons aforesaid shall not be obliged to see to the application or be answerable or accountable for the misapplication or nonapplication of the same money or any part thereof And that every Sale which shall be made and Conveyance which shall be executed by the said trustees or trustee for the time being shall be binding and conclusive on the person or persons beneficially interested his her or their heirs executors or administrators
I appoint my said Wife and the said Thomas Hemsley and George Lovitt Executrix and Executors of this my Will
In witness whereof I the said Daniel Sleath the testator have hereunto set my hand this nineteenth day of October One thousand eight hundred and forty seven
Daniel Sleath
Signed published and declared by the said Daniel Sleath the testator as and for his last Will and Testament in the presence of us who at this request in is presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Wm Latham: Solr Melton
George Minkley his Clerk
7th November 1849 Let a Probate be made to Thomas Hemsley of Kirby Bellars in the County of Leicester Farmer and Grazier one of the Executors named in the Will of the deceased with power reserved of making the like grant to Mary Sleath and George Lovitt the Executrix and the other Executor when they or either of them shall apply for the same
He the said Thomas Hemsley having been first duly sworn to the truth and faithful performance of the Will as usual and to the truth of the usual Affidavit for the Stamp Office that the deceaseds goods chattels and credits without deducting anything on account of debts owing therefrom do not amount in value to the sum of two hundred pounds and that the Testator died on the eighth day of April 1848
Before me
John Babington
Surrogate to the Commissary of the Peculiar of Rothley