George Smith of Ab Kettleby 1858 Will
Leicestershire, Leicester and Rutland Archives DE 462/1
This is the last Will and Testament of me George Smith of Abb Kettleby in the County of Leicester Farmer and Grazier
I Give and devise all my Messuage Closes lands and Hereditaments situate and being in Abb Kettleby Holwell and Melton Mowbray all in the County of Leicester unto my Friends Henry Woolhouse Farmer and William Latham Attorney at Law both of Melton Mowbray in the County of Leicester and to their heirs
And I give and bequeath all my Farming Stock Household Furniture Money Securities for money and all other my personal estate and Effects to the said Henry Woolhouse and William Latham their executors administrators and assigns
And I direct that the said Henry Woolhouse and William Lathan and the Survivor of them and his heirs or the person or persons to be appointed Trustee or Trustees of this my Will by virtue of the proviso hereinafter contained shall stand possessed of my said real and personal Estate and Effects upon the trusts and for the intents and purposes hereinafter mentioned that is to say
To allow my Wife the use of my Household Furniture plate Linen and Household Effects during her Widowhood and after the death or second Marriage I bequeath the same to my Son William Keal Smith
And as to the remainder of my personal Estate to convert the same into money and pay therewith my Debts Funeral and Testamentary Expences as far as the money arising therefrom will extend
And as to the all real estate of which I shall die possessed I direct my said trustees or trustee for the time being to sell the same at any time or times after my death as to them or him shall seem most desirable and either by public Auction or Private Contract or together or in parcels and subject to such special or other Conditions of Sale as shall appear to them or him most desirable And upon trust to apply the purchase Monies arising from such Sale or Sales in the discharge of such of my Debts as my personal Estate shall fall short of discharging
And as to the residue of the money arising from such Sale or Sales as aforesaid to place and lend the same out at Interest on the Securities hereinafter mentioned and pay the Interest or Dividends thereof to my said Wife during such part of here life as she shall continue my Widow
And after her death or second Marriage I direct my said Trustees or Trustee for the time being to pay to my Daughter Charlotte Caparn a Legacy of Five hundred pounds duty free and place or continue out at Interest the further Sum of Five hundred pounds duty free on Real or Government Security and pay the Interest or Dividends thereof to my Daughter Harriett Shipman Smith during her life and after her death to pay and divide the said principal to such person or persons and in such parts shares and proportions as my said Daughter Harriett Shipman shall by her last Will and Testament direct or appoint And in default of her making such Will to all the Children or only Child of my said Daughter Harriett Shipman and if more than one equally to be divided between them and in case of her leaving no child and making no Will the said principal to be paid to her next of kin according to the Statute of Distribution of Intestate’s personal Estate as if she had died unmarried and without issue
And I expressly declare and direct that the Interest or Dividends so bequeathed to my said Daughter shall be paid into her own hands that they shall not be subject to the controul Debts or Engagements of any Husband she may marry and that she shall have no power to sell Mortgage or in any way anticipate the said Interest or Dividends and that on her attempting to make any Sale or Mortgage thereof or on her Husband becoming Bankrupt or Insolvent such Interest or Dividends shall cease to be paid to her or her said Husband’s assignees and shall accumulate for the benefit or the parties afterwards entitled to the principal
And as to the residue of my said personal Estate and the money to arise from the Sale of my said real Estate to pay and transfer the same to my Son William Keal Smith absolutely
Until my said Trustees or Trustee shall convert into money my said real Estate or any part thereof I direct them to receive the rents thereof and to apply the same for the benefit of my Widow or my children in the same manner as I have before directed as to the Interest if turned into money
I give and devise all the Messuages Closes Lands Tenements Hereditaments and real Estate whatsoever and wheresoever of which I am seized as a Trustee or Mortgagee in fee and not beneficially unto and to the use of the said Henry Woolhouse and William Latham their heirs and assigns for ever
To be held by them upon the like Trusts and for the like Intents and purposes and subject to the equity of redemption affecting the same as shall be subsisting at the time of my decease Provide always and I do hereby declare and direct that the Trustees appointed or to be appointed by virtue of the provisions of this my last will shall during the Widowhood of my said Wife invest the residue of the money to arise from the Sale of my said real and personal Estate after payment of my Debts as aforesaid as follows
As to One thousand pounds part thereof the same shall be invested on real or Government Securities and as to the remainder thereof that my said Trustees for the time being shall have the power of lending the same at moderate Interest to my said Son William Keal Smith on his Bond or on a Bill of Sale on his farming Stock or on such other Security as the said William Keal Smith is capable of giving with power for my said Trustees to call in the same from time to time as they my said Trustees may think proper
And I expressly direct that my said Trustees for the time being shall not be answerable or accountable for any loss which may be happen by their so lending the said Sum to my said Son and that they shall not be obliged to lend him the said residue unless they deem it prudent so to do provided also and I do hereby declare and direct that every receipt which shall be given by the said Henry Woolhouse and William Latham or the Survivor of them their or his heirs executors or administrators or the Trustee or Trustees to be appointed by virtue of the provision hereinafter made to the person or persons who shall become the purchaser or the purchasers of my said real Estate or any part thereof for his her or their purchase money or who shall have any of my Trust monies upon Securities or otherwise and shall pay the same to my said Trustees for the time being 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
And also that it shall be lawful for the acting trustee or trustees for the time being 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 or Trustees 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 the said new Trustees shall be entitled to all powers and authorities as are hereby given to the Trustees hereby appointed
And that the Trustees hereby appointed and to be appointed in manner aforesaid respectively and their respective heirs executors or administrators shall in no wise be answerable or accountable for the acts or receipts of each other nor for any loss or damage which may happen in the execution of the aforesaid trusts without their own wilful neglect or default
And it shall be lawful for the said Trustees respectively and their respective heirs executors and administrators to deduct and retain out of the monies which may come to their hands under the trusts aforesaid all costs and expences which they may sustain or be put unto in the execution of the aforesaid trusts or in relation thereto provided further and I do hereby expressly direct that although I have made the said William Latham one of my Trustees and Executors I wish him to make the usual professional charges in the management of my affairs as if he had not been a Trustee but a Solicitor only to my Trustees
And I appoint the said Henry Woolhouse and William Latham Joint Executors of this my Will
In witness whereof I the said George Smith the Testator have to this my last Will and Testament contained on four sheets of paper set my hand this Twelfth day of December One thousand eight hundred and fifty four
George Smith
Signed published and declared by the said George Smith the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses
George Minkley
John Riley
Clerks to Mr Latham Solr Melton Mowbray
This is a Codicil to the Will of me the above named George Smith the Testator Having given to my Daughter Harriett Shipman Smith Money in my lifetime I revoke the Legacy of Five hundred pounds bequeathed by my Will for the benefit of my said Daughter and her children
I also give to my Daughter Charlotte Caparn in addition to the Legacy bequeathed to her by my Will the sum of Two hundred pounds duty free and to be paid to her at the same time as the said Legacy bequeathed her by my Will
And with these alterations I confirm my said Will
In witness whereof I the said George Smith the testator have hereunto set my hand this fourth day of May One thousand eight hundred and fifty seven
George Smith
Signed published and declared by the said George Smith the Testator as and for a Codicil to his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Josh Paddison
George Minkley
Proved 14th December 1858 by the Oath of William Latham one of the Executors to whom was granted Execution
Power reserved of making a like grant to Henry Woolhouse the other Executor when he shall apply for the same
Sworn under £1000 and that the Testator died on or about the 16th day of September 1858