William Stokes of Long Clawson 1868 Will
Leicestershire, Leicester and Rutland Archives DE 462/11
This is the last Will and Testament of me William Stokes of Long Clawson in the County of Leicester Glazier
First I direct all my just debts funeral and testamentary expences to be fully paid
I give devise and bequeath the whole of my Real Estate whatsoever situate at Long Clawson aforesaid or elsewhere with the appurtenances And also all my personal estate and effects of whatsoever nature or kind the same may be and consist of and wheresoever situate unto my two friends John Marriott of Colston Bassett in the County of Nottingham Surgeon and Stephen Daft of Hose in the said County of Leicester Farmer their heirs executors and administrators Upon trust that they the said John Marriott and Stephen Daft or the Survivor of them or the heirs executors or administrators of such survivor (hereinafter called the Trustees or Trustee) do and shall carry on or superintend the management of my Farm during the life of my affectionate Wife Elizabeth Stokes provided she continues my Widow and by with and out of the Rents arising from my said Real Estate and the Interest and profits arising from my personal estate and effects I direct my said Trustees or the Survivor of them or the heirs executors or administrators of such survivor to pay over unto my Daughter Elizabeth Stokes one annuity or yearly sum of Fifty pounds and which I direct shall be paid to my said Daughter by two equal half yearly payments that is to say on the sixth day of April and the eleventh day of October in every year the first half yearly payment of Twenty five pounds to be paid on such of the said days as shall first happen after my decease and that the same shall be paid into the hands of my said Daughter for her own sole and absolute use and benefit and that her receipt alone whether covert or sole shall be a sufficient discharge for the same
And as to all the residue and remainder of the yearly rents of my said Real Estate and the Interest dividends and annual produce arising and to arise from my personal estate and effects after payment and deduction of all necessary expenses I give and bequeath the same unto my said Wife Elizabeth Stokes absolutely And from and immediately after the decease or marriage of my said Wife which shall first happen Then I give devise and bequeath the whole of my said real estate and also all my personal estate and effects of whatsoever nature or kind the same may consist of unto my said daughter Elizabeth Stokes her heirs executors administrators and assigns for ever Provided and I do hereby declare that in case it should be the wish of my Wife at any time after my decease that the said Farm should be discontinued and given up then and in that case I do hereby direct that it shall be lawful for my said Trustees or the survivor of them or the heirs executors or administrators of such Survivor to sell and convert into money the whole of the Stock Cattle Chattels and personal estate in and upon the said Farm and after payment of all necessary expences incident to such Sale or Sales to invest the surplus of such monies in their or his names or name upon Real or Government security or securities with power to alter and vary the said securities from time to time as they my said Trustees may deem advisable and pay and apply the interest dividends and yearly income arising therefrom in the same manner as is hereinbefore directed by this my Will
And I hereby declare that if the Trustees hereby appointed or either of them or any Trustee to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the said Trustees or Trustee (and for this purpose any retiring Trustee shall be considered a Trustee) may appoint any other person to be a Trustee in the place of the Trustee so dying or desiring to be discharged or refusing or becoming incapable to act And upon every such appointment said trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require And every such new trustee shall (both before and after the said trust premises shall have become so invested) have the same powers and discretions as if he had been hereby originally appointed
And I declare that the Trustees or Trustee for the time being of this my Will shall be chargeable only for such monies as they respectively shall actually receive and shall not be answerable the one for the other nor for any Banker Broker or other person in whose hands any of the Trust monies shall be placed nor for the insufficiency of any Stocks or securities or otherwise for involuntary losses And that the said Trustees or Trustee for the time being may reimburse themselves and himself out of the said trust premises all expenses to be incurred in or about the execution of the aforesaid trusts
And lastly I do hereby appoint the said John Marriott and Stephen Daft Joint Executors in Trust of his my last Will and Testament hereby revoking all others by me heretofore made
In Witness whereof I the said William Stokes the Testator have to this my last Will and Testament written upon two sheets of paper to each of which I have set my hand this nineteenth day of July One thousand eight hundred and fifty three
Wm Stokes
Signed published and declared by the said William Stokes the Testator as and for his last Will and Testament in the presence of us who have at his request in his presence and in the presence of us who have at his request in his presence and in the presence of each other at the same time set our hands as Witnesses thereto
J Miles Accountant Melton Mowbray
Josh Miles Junr Melton Mowbray
Whereas I William Stokes of Long Clawson in the County of Leicester Grazier have made and executed my last Will and Testament in writing bearing date the nineteenth day of July One thousand eight hundred and fifty three Now I declare this to be a Codicil to my said Will to be annexed thereto and taken as part thereof
Whereas I have appointed Stephen Daft formerly of Hose but now of Long Clawson aforesaid a Trustee and Executor of my said Will Now I hereby absolutely revoke such appointment and in his place I do hereby appoint Edward Henry Maior Clarke of Melton Mowbray Gentleman a Trustee and Executor of my said Will and to act in conjunction therein with John Marriott the other Trustee and Executor named in my said Will And I do hereby give and devise all my real and personal estate whatsoever subject to the Trusts of my said Will unto the said John Marriot and Edward Henry Maior Clarke and the Survivor of them and the heirs executors administrators and assigns of such survivor and invest them with the same powers authorities and indemnities as in my said Will is contained and as if they had been originally appointed Trustees and Executors thereof And I confirm my said Will in all other respects
In Witness whereof I have hereunto set my hand this twenty first day of June One thousand eight hundred and fifty nine
Wm Stokes
Signed published and declared by the said William Stokes as and for a Codicil to his last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other at the same time subscribed our names as Witnesses thereto
J Miles Melton Mowbray
JT Tyler Melton Mowbray
Proved at Leicester with a Codicil the twelfth day of June 1868 by the Oaths of John Marriott the Executor named in the Will and Edward Henry Maior Clarke the Executor named in the Codicil to whom Administration was granted
The Testator William Stokes was late of Long Clawson in the County of Leicester Grazier and died on the thirtieth day of November 1867 at Long Clawson aforesaid
Under £1,000