George Swain of Long Clawson 1816 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1816
In the name of God Amen This is the last Will and Testament of me George Swain of Claxton otherwise Long Clawson in the County of Leicester Yeoman
First I give and devise unto my loving Wife Mary Swain One Annuity or yearly Rent Charge of fifteen pounds a year for and during the term of her natural Life to be issuing and payable out of my Messuage or Tenement Lands Orchard Closes and real Estate situate lying and being in the Parish of Claxton otherwise Long Clawson aforesaid the same to be paid in two even half yearly payments of good and lawful Money of England on the fifth day of April and tenth day of October in every year the first payment thereof to begin and to be made on the first of the said days of payment as shall first and next happen after my decease and I give unto my said Wife Mary Swain such and the same power of enforcing and obtaining payment of the said Annuity or yearly sum of fifteen pounds a year by distress and sale from time to time as any portion thereof shall be in arrear and unpaid by the space of thirty days next after any of the said days whereon the same is herein appointed to be paid as Landlords in England have by Law for the enforcing and obtaining Rents in Arrear
And Subject to the payment of the said Annuity of fifteen pounds a year as aforesaid I give and devise All my said Messuage or Tenement Lands Orchard Closes and premises unto my son George Swain and his Heirs and Assigns for ever
And I give and bequeath to my said loving Wife Mary Swain All my Household furniture Brewing Vessels Plate and Linen to be delivered to her immediately after my decease
Also I give and bequeath to my son George Swain all my Cattle Swine Fodder Manure and Implements in Husbandry to be delivered to him immediately after my decease
And all the Residue and Remainder of my Chattels ready Money securities for Money and all my personal Estate whatsoever and wheresoever not herein disposed I give and bequeath to my said son George Swain my son John Swain and my Friend Robert Goodacre of Claxton otherwise Long Clawson aforesaid Schoolmaster and their respective Executors and Administrators In special Trust for the uses intents and purposes hereinafter mentioned expressed and declared of and concerning the same
First I will and direct that my said Trustees or Trustee for the time being shall place out at Interest One thousand nine hundred pounds of the Monies which shall come into their hands by virtue of this my will upon good security or securities and for the most interest they can reasonably obtain for the same and receive and take the interest arising therefrom as it becomes due during the natural Life of my said loving Wife Mary Swain and pay the said interest to her as soon as they receive it during that term for her own proper use
And I give and bequeath to my said son John Swain the sum of seven hundred pounds (part of the said One thousand nine hundred pounds)
Also I give and bequeath to my Daughters Mary Swain and Ann Swain the sum of four hundred pounds apiece (other parts of the said sum of one thousand nine hundred pounds)
Also I give and bequeath to my Daughter Jane Welborn the sum of one hundred pounds another part of the said sum of one thousand nine hundred pounds
And I will and direct that the Legacies by me herein before given and bequeathed to my said son John Swain and to my said Daughters Mary Swain Ann Swain and Jane Welborn shall be paid to them immediately after the decease of my said loving Wife Mary Swain
And the three hundred pounds the remaining part of the said one thousand nine hundred pounds I hereby will and direct my said Trustees or Trustee for the time being shall place out at interest in like manner as aforesaid during the natural Life of my said Daughter Jane Welborn and shall receive and take the interest arising therefrom as aforesaid and pay the same as soon as they receive it to my said Daughter Jane Welborn during her natural Life And in case John Welborn my said Daughter Jane Welborn’s Husband shall survive her Then I will and direct that my said Trustees or Trustee for the time being shall place one Moiety or half of the said sum of three hundred pounds out at interest in like manner as aforesaid for and during the then Residue of the said John Welborn’s natural Life and receive and take the interest arising therefrom as aforesaid and pay it to him for his own use during that term
And I give and bequeath the said sum of three hundred pounds to all and every of the Children of my said Daughter Jane Welborn which are now born or which may hereafter be born in equal shares and portions to be paid to each of them immediately after the decease of my said Daughter Jane Welborn in case her Husband the said John Welborn be then Dead but in case he shall survive her Then I will and direct that my said Trustees or Trustee for the time being shall pay one Moiety of half of the said sum of three hundred pounds to them at the decease of my said Daughter Jane Welborn and the other Moiety or half thereof to them at the decease of her Husband the said John Welborn
And I also will and direct that my said Trustees or Trustee for the time being shall in and at their and his discretion either apply the [small hole] which my said Daughter Jane Welborn’s Children shall or may become intituled to by virtue of this my will during their respective Minorities towards their respective maintenance and education or in placing them to Businesses or suffer it to accumulate for their respective Benefit and In case one or more of the Children of my said Daughter Jane Welborn shall die under the age of twenty one years without Issue then I give and bequeath the share and shares of the said sum of three hundred pounds of such Child or Children so dying to and amongst the survivours or survivour of them in equal shares and in case they all die under that age without Issue Then I give and bequeath all their shares thereof to my Daughters Mary Swain and Ann Swain
And I further will and direct that as soon as my said Trustees have paid all my just debts my Funeral and Testamentary expences and placed out the said sum of one thousand nine hundred pounds as before directed and reimbursed themselves all such reasonable expences as they shall be put to in the execution of this my will they shall within one year after my decease pay the surplusage of the Monies which shall then remain in their hands to my said loving Wife which I give her for her proper use
And I do also hereby will and declare that afterwards it shall be lawful to and for my said Trustees or Trustee for the time being out of any of the Monies which shall come into their hands by any Trust hereby reposed in them to reimburse themselves all such Costs and expences as they sustain or be put to in or about the execution of such Trust respectively And also that my said Trustees and Executors and their respective Executors and Administrators shall be charged and chargeable only with his and their own respective Receipts and Payments acts and wilful defaults and not for any sum or sums of Money but such as shall actually and respectively come into his or their hands by virtue of this my Will nor for any loss which may happen in or about the Execution of the Trusts hereby reposed in them without his or their respective wilful defaults
And Lastly I do hereby nominate and appoint my said Sons George Swain and John Swain and the said Robert Goodacre joint Executors in Trust of this my last Will and Testament hereby revoking all former Wills by me made
In Witness whereof I the said George Swain the Testator have to the first Sheet of this Will set my hand and to this the last Sheet thereof my hand and Seal this twentieth day of September in the year of our Lord One thousand eight hundred and eleven
The mark of George Swain
Signed sealed published and declared by the within named George Swain the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses to the due Execution thereof having first observed the words “Jane, the, and, appoint” were interlined
John Doubleday
William Elsey Goodacre
Elizabeth Marriott
7th February 1816
Let a probate be granted to George Swain of Claxton otherwise Long Clawson Carpenter and John Swain of the aforesaid Parish Grocer & Robert Goodacre of the aforesaid Parish Schoolmaster joint Executors within named
They being duly sworn as well to the faithful Execution of the Will as that the Testator’s Goods, Chattels & Credits do not amount in value to the Sum of three thousand pounds
Before me William Greenwood Surrogate to the Commissary
Died the 29 Jan 1816
Handy Proctor
2d April 1816 Probat passed the Seal
W Harrison Depy Regr