Charles Sumner of Hose 1860 Will
Leicestershire, Leicester and Rutland Archives DE 462/3
This is the last Will and Testament of me Charles Sumner of Hose in the County of Leicester Grazier as follows
In the first place I direct all my just debts funeral and Testamentary expences to be fully paid
I Give Devise and bequeath all my Messuages Closes Lands and Real Estate situate at Hose aforesaid or elsewhere within the Kingdom of England with the Appurtenances And Also all my personal Estate (of which I direct an Inventory to be taken directly after my death) of every sort or kind soever unto my two friends Thomas Beaumont Shilcock of Hose Grange in the Parish of Hose aforesaid Grazier and Thomas Lamin of Harby in the County of Leicester Miller their Heirs Executors Administrators and Assigns Upon the Trusts hereinafter mentioned namely
Upon Trust in the first place that they the said Thomas Beaumont Shilcock and Thomas Lamin and the Survivor of them his Heirs Executors and Administrators do and shall pay the rents issues and profits of my said Real Estate and also the Interest and profits arising from my said personal Estate and Effects or permit the same to be received held occupied and enjoyed by my affectionate Wife Frances Sumner and her Assigns for and during the Term of her natural life for her sole and separate use and benefit And also to permit her to have the free use and enjoyment of all my household furniture and effects during her life
And from and immediately after the decease of my said Wife Then Upon Trust that they the said Thomas Beaumont Shilcock and Thomas Lamin or the Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall as soon as conveniently after the decease of my said Wife absolutely sell dispose of and convert into money all my said Real and personal Estate and Effects (save and except the furniture in the bed Chamber hereinafter bequeathed) either by Public Auction of private Contract for such price or prices as to them or him my said Trustees shall seem reasonable and with the monies to arise from the sale or sales of my said Real and personal Estates and Effects
In the first place to pay to my Grandson Samuel the Son of William Sumner Ten Pounds and the remainder I Give and bequeath the same unto and equally between my Son Samuel Sumner and my Daughter Mary the Wife of John Bonser of the Town and County of the Town of Nottingham their Executors and Administrators in equal Shares
And for facilitating the Sale of my said Real and personal Estate and premises and the indemnity of the purchaser or purchasers thereof I declare and direct that the receipt or receipts of the said Thomas Beaumont Shilcock and Thomas Lamin or the survivor of them his heirs Executors or Administrators shall be good and sufficient discharge and discharges to the purchaser or purchasers thereof for the purchase money or any part thereof as in such receipt or receipts shall be expressed to be received And the person or persons paying the same or any part thereof shall not be bound to see to the application thereof nor be answerable for the misapplication or nonapplication thereof or any part thereof or to enquire into the necessity of any such sale or sales
I Give and bequeath unto my relation Sarah Clements of Croxton Kerrial in the County of Leicester Single Woman (after the decease of my said Wife) All the furniture of every sort in my bed chamber in my now dwelling house absolutely
Provided And I do hereby declare that the said Trustees hereby appointed and the Survivor of them his heirs Executors and Administrators shall be charged and chargeable respectively for such monies only as they respectively shall actually receive by virtue of the Trusts hereby in them reposed notwithstanding their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity And neither of them shall be answerable or accountable for the other of them or for involuntary losses nor on account of the failure of any Banker or Broker in whose hands any portion of the Trust Estate may be placed for safe custody And that it shall be lawful for them out of the monies which shall come to their hands to retain and reimburse themselves respectively all costs and expences they may be at or put to in the execution of the aforesaid Trusts
And Lastly I do hereby appoint the said Thomas Beaumont Shilcock and Thomas Lamin Trustees and also joint Executors of this my last Will and Testament revoking all others by me made
In Witness whereof I the said Charles Sumner the Testator have to this my last will and Testament in writing set my hand this Third day of October One thousand eight hundred and forty eight
Charles Sumner
Signed Published and declared by the said Charles Sumner 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 each other at the same time set our hands as Witnesses thereto the word “Devise” and the bequest of Ten Pounds to Samuel Sumner being first interlined
EHM Clarke Solr Melton
Joseph Miles his Clerk
Proved 19th July 1860 by the Oath of Thomas Lamin the surviving Executor
Sworn under £20 and that the Testator died on the 16th day of December 1859
