Smith Robert 1880 of Cropwell Bishop then Stathern will

Robert Smith of Cropwell Bishop and Stathern 1880 Will

Leicestershire, Leicester and Rutland Archives DE 462/23

This is the last Will and Testament of me Robert Smith of Cropwell Bishop in the County of Nottingham and of Stathern in the County of Leicester Farmer

I appoint William Fletcher of Knipton in the County of Leicester Gentleman Joseph Wells Nixon of Willoughby on the Wolds in the County of Nottingham Grazier and Francis John Burton of the Town of Nottingham Solicitor (hereinafter called “my Trustees”) to be Executors and Trustees of this my Will

I bequeath to each of the children of my Sister Elizabeth the Wife of William Briggs of the Town of Nottingham Grocer the legacy of Two hundred pounds to be paid on attaining the age of Twenty one years and I bequeath to my natural son Robert Smith Richards the legacy of one hundred pounds

I bequeath to my servant George Knapp the legacy of ten pounds and to his Wife Elizabeth Knapp I bequeath the legacy of Ten pounds for her separate use and I direct that all the legacies hereinbefore bequeathed by me shall be paid free from legacy duty

I give to my Trustees the sum of One hundred pounds Upon Trust to invest the same in the manner authorised by law and pay the interest thereof to Elizabeth Tutbury of Cropwell Bishop in the County of Nottingham to be applied by her for or towards the maintenance education and bringing up of my natural daughter Balance Smith Tutbury until she attains the age of Twenty one years and on her attaining that age I direct my Trustees to pay the said sum of One hundred pounds to the said Balance Smith Tutbury absolutely but in case she shall die under that age and her Mother shall be then living then I direct my said Trustees to pay the said sum of One hundred pounds to the said Elizabeth Tutbury absolutely

I bequeath all my personal estate not otherwise hereinbefore disposed of to my said Sister Elizabeth Briggs for her sole and separate us

I devise all my real Estate (except estates vested in me as a Trustee or Mortgagee) Unto my Trustees their heirs and assigns respectively Upon Trust that they or the survivors or survivor of them or the heirs executors or administrators of such survivor of them shall receive the rents and profits of and manage my real estate as they or he may think proper and pay the rents and profits thereof unto my said Sister Elizabeth Briggs for her separate use until my Nephew John Robert Smith Frearson shall attain the age of Twenty one years and on such event happening I devise my said real estate to the said John Robert Smith Frearson absolutely but in the event of the said John Robert Smith Frearson dying under the age of Twenty one years I direct my said Trustees to pay the rents and profits of my said real estate to my said Sister Elizabeth Briggs for her life and after her death I devise my said real estate unto such of the children of the said Elizabeth Briggs who being Sons shall attain the age of Twenty one years or being daughters shall attain that age or marry in equal shares as tenants in common and if there shall be but one such child then the whole to such one child absolutely

I devise and bequeath all estates vested in me as a trustee or Mortgagee unto the said William Fletcher Joseph Wells Nixon and Francis John Burton their heirs executors and administrators subject to the trusts and equities affecting the same respectively but so that the money secured by any Mortgage shall form part of my personal estate

And I declare that the said Francis John Burton and any future Trustee of this my Will who may be a Solicitor or Attorney shall be entitled to charge my estate for all business done (whether strictly professional or not) by him in relation to my estate or the trusts of this my Will in the same manner as he would have been entitled to charge my Executors and Trustees for the same if he had not been himself an Executor or Trustee but had been employed by my Executors and trustees to do such business as their Solicitor or Attorney

In Witness where of I have hereunto set my hand this Twenty eighth day of May One thousand eight hundred and eighty

                                                                                                         Robert Smith his mark

Signed by the said Robert Smith the Testator by making his mark thereto as and for his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses

JW Taylor The Rectory Stathern

Robt Oliver Grocer &c Stathern

Proved at Leicester on the Seventh day of September 1880 by the Oaths of William Fletcher, Joseph Wells Nixon, and Francis John Burton the Executors to whom Administration was granted

The Testator Robert Smith was late of Cropwell Bishop in the County of Nottingham and of Stathern in the County of Leicester Farmer and died on the Thirtieth day of May 1880 at Stathern aforesaid

Under £1,000

Burton, Son, and Eking, Solicitors, Nottingham.