Thomas Sumner of Stathern 1871 Will
Leicestershire, Leicester and Rutland Archives DE 462/14
This is the last Will and Testament of me Thomas Sumner of Stathern in the County of Leicester Gentleman
I give and bequeath all my household furniture plate linen china brewing vessels and other effects of a similar description and also all my live and dead farming stock Implements of Husbandry and other effects on the lands occupied by me unto and equally between my two Sisters Hannah and Sarah Sumner absolutely
I give and bequeath unto Mary Storr and to her natural Son Thomas Storr both of Stathern aforesaid the legacies or sums of Nineteen pounds apiece absolutely and I direct that the same be paid to them twelve months after my decease
And as to all the rest residue and remainder of my personal Estate and Effects of whatsoever nature or kind the same may be and consist of subject to the payment of my debts funeral and testamentary expenses I give and bequeath the same unto my Brother John Sumner absolutely And in case the said residue and remainder of my said personal Estate shall not be sufficient to pay the said debts funeral and testamentary expenses I direct the same to be raised out of my real Estate as hereinafter provided And I subject and charge the Real Estate hereinafter devised in trust with the payment thereof
I give and devise all that my newly erected Messuage or Tenement with the outbuildings yard garden and appurtenances thereto belonging and adjoining situate in Stathern aforesaid and wherein I now reside unto my said two Sisters Hannah Sumner and Sarah Sumner their heirs and assigns as joint tenants and not as tenants in common
I give and devise all the remainder of my Real Estates situate in the Lordship of Stathern aforesaid or elsewhere with the appurtenances unto my three friends William Shipman of Harby in the County of Leicester Farmer John Smith of Breeder Hills in the Parish of Barrowby in the County of Lincoln Farmer and Thomas Lamin of Harby in the said County of Leicester Farmer and Malster their heirs and assigns Upon trust that they the said William Shipman John Smith and Thomas Lamin or the survivors or survivor of them or the heirs and assigns of such survivor (hereinafter called the Trustees or Trustee) do and shall levy and raise out of my said real Estates by Mortgage charge or absolute sale of the same hereditaments or a competent part thereof such sum or sums of money as may be required to pay and discharge my debts funeral and testamentary expenses in case my residuary personal Estate should not be sufficient for that purpose And also the sum of Two thousand nine hundred pounds and stand possessed thereof to and for the trusts intents and purposes as follows that is to say
Upon trust that they my said Trustees or Trustee do and shall pay thereout to each of the five children of my Sister Mary Ann Hornbuckle the Legacy or sum of Fifty pounds apiece absolutely and I direct the same to be paid to them respectively within twelve months after my decease
And upon trust that they my said Trustees or Trustee do and shall invest the sum of Six hundred and fifty pounds further part thereof in their or his names or name in any of the public stocks or funds of Great Britain or in or upon the shares stocks or securities of any company incorporated by Act of Parliament and paying dividends with power for the said Trustees or Trustee to vary the said stocks funds shares and securities at their or his discretion for others of a like nature and do and shall pay the interest dividends and annual income arising from the said trust fund when and as the same shall be received unto my Sister Mary Ann and her Husband Thomas Hornbuckle for and during the term of their joint natural lives and the life of the survivor of them and upon the death of such survivor then I direct my said Trustees or Trustee to call in the said sum of Six hundred and fifty pounds and pay and divide the same unto and equally between all the children of the said Mary Ann Hornbuckle who being a Son or Sons shall attain to his or their age of twenty one years or being a Daughter or Daughters shall attain that age or marry to be vested interests in the respectively at such periods
Provided and I hereby expressly direct that in case any of such children shall depart this life in my lifetime or before his heir or their shares shall become vested without leaving lawful issue that then and in that case I direct that the original and accruing share or shares and legacies hereinbefore bequeathed to such deceased child or children shall go to and be paid to the other or others of the said Children and if more than one in equal shares for his her or their own absolute Benefit And in case there shall be only one such child who shall live to attain a vested interest as aforesaid all the rest having died without issue then I direct the said Trustees or Trustee to pay and transfer the whole of the said trust monies legacies and premises to such only child his or her executors and administrators absolutely
Provided and I hereby expressly direct that in case any of my said Sisters Children shall depart this life in my lifetime or before he she or they shall attain a vested interest or interest leaving lawful issue him her or them respectively surviving that then and in that case the issue of the child or children respectively so dying shall take and be entitled to (if more than one equally amongst them) the share of respective shares in the said trust monies and premises and legacy which his her or their parent or respective parents would have taken under the trusts aforesaid if he she or they had respectively lived to attain a vested interest in the said trust fund and premises
And I direct my said Trustees or Trustee to pay the further legacy or sum of One thousand pounds unto my Sister Hannah Sumner to whom I give and bequeath the same absolutely And also to pay the further Legacy or sum (being the remainder of the said sum of Two thousand nine hundred pounds) unto my Sister Sarah Sumner to whom I give and bequeath the same absolutely
And I hereby direct my said Trustees or Trustee to raise pay and invest the said Legacies or sums of money to or for the benefit of the respective legatees within twelve months after my decease And also to levy and raise out of my said real Estates all costs and expenses incurred in levying and raising the aforesaid Legacies or sums of money
And I hereby declare that the Mortgage or Mortgages hereinbefore directed to be made for raising and levying the aforesaid legacies or sums of money may be made by appointment or grant of the fee simple of the hereditaments mortgaged and may be made with or without power of sale and I declare that the receipt or receipts of the person or persons hereby authorised to effect such Mortgage or Mortgages sale or sales shall be effectual discharges for so much money as in such receipt or receipts shall be expressed to be received and the person or persons paying or advancing the same shall not be obliged to see to the application thereof or be answerable or accountable for the loss misapplication or nonapplication thereof or to enquire whether the same may be required for all or any of the purposes aforesaid
And subject to the aforesaid trusts for levying and raising the said sum of Two thousand nine hundred pounds and other the sum or sums of money hereinbefore directed to be raised and also subject to any Mortgage or Mortgages existing at the time of my decease I give and devise all my said Real Estates or such part thereof as shall not have been sold under the trusts aforesaid unto my said Brother John Sumner his heirs and assigns for every
I devise and bequeath all the estates vested in me by way of Mortgage with the appurtenances unto my said Brother John Sumner his heirs executors and administrators according to the nature of the same premises subject to the equity of redemption subsisting therein respectively but the money secured on such Mortgage to be considered as part of my personal estate
And I hereby direct that the sections contained in part three of an Act of Parliament entitled “An Act to give to Trustees Mortgages and others certain powers now commonly inserted in Settlements Mortgages and Wills” shall be considered as applicable to this my Will and I Hereby appoint the said John Sumner to be Executor of this my Will hereby revoking all others by me at any time heretofore made
In witness whereof I the said Thomas Sumner the Testator have to this my last Will and Testament written on this and the three preceding sheets of paper to each of which I have set my hand this fifteenth day of April One thousand eight hundred and seventy one
Thomas Sumner
Signed published and declared by the said Thomas Sumner the Testator as and for his last Will and Testament in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses the interlineations between the sixth and seventh lines and the erasures on the thirty fourth line of the first sheet the obliterations on the seventh fifteenth and sixteenth lines and the erasures on the ninth and twenty seventh lines of the third sheet having been previously made
SH Butterfield Clerk to Mr EHM Clarke Solr Melton Mowbray
JM Swain Long Clawson
Proved at Leicester the fourteenth day of June 1871 by the Oath of John Sumner Brother of the deceased the sole Executor to whom Administration was granted
The Testator Thomas Sumner was late of Stathern in the County of Leicester Gentleman and died on the fourth day of May 1871 at Stathern aforesaid
Under £100