Joseph Stokes of Goadby Marwood 1857 Will

Leicestershire, Leicester and Rutland Archives PR/T/1857/150

This is the last Will and Testament of me Joseph Stokes of Goadby Marwood in the County of Leicester Farmer

I give and devise all my Messuages or Tenements Closes and real Estate situate in Long Clawson and Melton Mowbray in the County of Leicester or elsewhere of which I shall die possessed unto my friend Edward Hallam of Goadby Marwood aforesaid and to his heirs and assigns for ever upon the Trusts hereinafter mentioned

I give and bequeath all my household Furniture and Brewing Vessels to my Daughter Ann Whalley absolutely

I give and bequeath all my money Farming Stock and all other my personal Estate (except the said Household furniture and brewing Vessels) unto the said Edward Hallam to be held upon the Trusts hereinafter mentioned And I direct that the said Edward Hallam and his heirs shall stand possessed of my said real and personal Estate Upon trust to convert my personal Estate into money and to pay my Debts Funeral and Testamentary expences and retain for himself Nineteen Guineas and place out the residue in real or Government Securities

And upon Trust to receive from time to time the rents of my said real Estate and keep the same insured from fire and then divide the said rents and the Interest or Dividends to arise from my said personal Estate into five equal Parts and as to one moiety of such rents Interest or Dividends pay the same to my said Daughter Ann Whalley during her life and so that the same may be separate and apart from and exclusive of her husband and of and in such manner that the same may not be under his controul or subject or liable to his Debts contracts forfeitures or engagements and so and in such manner that the receipts of the said Ann Whalley or any person or persons to whom she may appoint the same or the half yearly payments thereof when or after the same shall be due may be good and effectual discharges for the money which shall be thereby expressed to be received yet nevertheless so that the said Ann Whalley may not anticipate charge or assign all or any part of the said moiety of the same annual rents Interest or Dividends or the half yearly payments thereof until the same annual or half yearly payments shall become due and payable

And after the death of my said Daughter I give and devise one undivided Moiety or half part of all my said real Estate and a moiety of my personal Estate unto my Grandaughter Elizabeth Mary Whalley and to her heirs and assigns for ever

And as to the other moiety of my said real and personal Estate I direct my said Trustee for the time being to apply the rents Interest and Dividends thereof for the benefit of my said Grandaughter during her Minority or such portion thereof as my Trustee may think desirable and on her attaining the age of Twenty one years I give and devise the said undivided moiety of my said real and personal Estates unto my said Grandaughter her heirs and assigns for ever

And I appoint the said Edward Hallam Executor and Trustee of this my Will for the purposes aforesaid

In witness whereof I the said Joseph Stokes the Testator have hereunto set my hand this sixth day of November One thousand eight hundred and fifty five

                                                                                                                Joseph Stokes

Signed published and declared by the said Joseph Stokes 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

W Latham

John Riley his Clerk

This is a Codicil to the Will of me the above named Joseph Stokes

Whereas I am desirous that William Latham of Melton Mowbray Attorney at Law should be a joint Trustee and Executor under my said Will with the said Edward Hallam Now I do hereby revoke the devise and bequest contained in my Will to Edward Hallam only and instead I give devise and bequeath all the real and personal Estate intended to pass to him by my said Will to the said Edward Hallam and William Latham their heirs and assigns for ever nevertheless upon the same trusts as named in my Will

I direct the said William Latham to be a joint Executor of my Will jointly with the said Edward Hallam

And I direct that the said William Latham may receive his usual Professional Charges although he is named a Trustee and Executor under my Will

In witness whereof I the said Joseph Stokes the Testator have hereunto set my hand this [blank] day of [blank] One thousand eight hundred and fifty five

Unsigned and unwitnessed

Melton Mowbray the twenty eighth day of April 1857

Edward Hallam of Goadby Marwood in the County of Leicester Farmer the Executor in this Will named was duly sworn to the Truth and faithful performance thereof as usual and to the truth of the usual Affidavit for the Inland Revenue Office and that the Goods Chattels and Credits of the deceased do not amount in value to the sum of Two hundred pounds and that the deceased died on the sixth day of February last past