John Stokes of Hose 1891 Will
Leicestershire, Leicester and Rutland Archives DE 462/34 page 246
This is the last Will and Testament of me John Stokes of Hose in the County of Leicester Farmer
I hereby revoke all former Wills and testamentary dispositions made by me
I appoint my Son William Stokes and my Friend Thomas Hoe Stevenson of Hose aforesaid Farmer (who are hereinafter referred to as “my Trustees”) to be the Executors and Trustees of this my Will
I bequeath all my Furniture and household effects to my Wife Elizabeth Stokes absolutely
I bequeath all my personal estate and effects not hereby otherwise disposed of subject to and charged with the payment of my debts funeral and testamentary expenses to my said Wife and my said Son William Stokes in equal shares and in the event of any dispute or question arising as to the division between my said Wife and Son of such part of my said residuary personal estate as shall not consist of money or otherwise in relation thereto I declare that the same shall be divided in accordance with a valuation to be made by two valuers one to be named by my said Wife and the other by my said son or if such Valuers shall disagree by a third Valuer to be named by them before entering upon the Valuation as their Umpire and the decision of such Valuers or their Umpire shall be final
I devise All that my Messuage or Tenement with the homestead and premises thereto belonging and a Close of arable land containing seven acres or thereabouts situate in the Parish of Long Clawson in the said County of Leicester which formerly belonged to my Father To the use following namely To the use of my said son William Stokes and his assigns for his life without impeachment of waste with remainder To the use of the Children if more than one equally or the Child if only one wholly of my said son in fee simple with cross limitations of the shares original and accruing of each of them on his or her dying under the age of twenty one years without leaving issue To the use of the others equally or the other wholly in fee simple
And as to the entirety in the event of there not being any Child of my said son or not any such Child who shall attain the said age or die under that age and leave issue To the use of my Trustees their executors and administrators during the life of my Daughter Annie Stokes without impeachment of waste Upon trust to pay the rents and profits as the same shall accrue due and not by way of anticipation to my said Daughter during her life for her separate use independently of her Husband (if any) for the time being and of his debts control and engagements with remainder To the use of the Children if more than one equally or the Child if only one wholly of my said Daughter in fee simple with cross limitations of the shares original and accruing of each of them on his or her dying under the age of twenty one years without leaving issue To the use of the others equally or the other wholly in fee simple
And I devise All those my two Closes of Pasture land called “The Fennies” containing together Eleven acres or thereabouts situate in Long Clawson aforesaid which I purchased of Mr Coleman and also All that Close of Pasture land called “Partlett’s Close” containing Four acres and twenty eight perches or thereabouts situate in Hose aforesaid which I purchased of Miss Ann Sumner and all other my real estate (if any) not hereby otherwise disposed of To the uses following (namely)
To the use of my said Wife Elizabeth Stokes and her assigns during her life if she shall so long continue my Widow without impeachment of waste and from and after the decease or second Marriage of my said Wife which shall first happen To the use of my Trustees their executors and administrators during the life of my said Daughter Annie Stokes without impeachment of waste Upon trust to pay the rents and profits as the same shall accrue due and not by way of anticipation to my said Daughter during her life for her separate use independently of her Husband (if any) for the time being and of his debts control and engagements with remainder To the use of the Children if more than one equally or the Child if only one wholly of my said Daughter in fee simple with cross limitations of the shares original and accruing of each of them on his or her dying under the age of twenty one years without leaving issue To the use of the others equally or the other wholly in fee simple and as to the entirety in the event of there not being any child of my said Daughter or not any such child who shall attain the said age or die under that age and leave issue To the use of my said Son William Stokes and his assigns for his life without impeachment of waste with remainder To the use of the Children if more than one equally or the Child if only one wholly of my said Son in fee simple with cross limitations of the shares original and accruing of each of them on his or her dying under the age of twenty one years without leaving issue To the use of the others equally or the other wholly in fee simple
In witness whereof I have hereunto set my hand this 16th day of May 1882
John Stokes
Signed and Declared by the above named 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
Philip Henry French ) Clerks to Messrs Latham & New
William Henry Julian ) Solicitors, Melton Mowbray
Proved at Leicester on the Twenty eighth day of March 1891 by the Oaths of John William (in the Will written William) Stokes, the Son and Thomas Hoe Stevenson the Executors to whom Administration was granted
The Testator John Stokes was late of Hose in the County of Leicester Farmer and died on the Twenty fourth day of November 1890 at Hose aforesaid
Personal Estate Gross £854:2:1. Net £759:8:7.