George Swain of Long Clawson 1878 Will
Leicestershire, Leicester and Rutland Archives DE 462/21
This is the last Will and Testament of me George Swain of Long Clawson in the County of Leicester Grocer
I give to my affectionate Wife Ann Margaret Swain all such plate and plated articles as she was possessed of before our Marriage or which may have subsequently been given to her or acquired by me by or through my said Wife
I give all other my plate and plated articles unto and equally between all my children and to be divided between them by my Executors hereinafter named
I bequeath to my said Wife all my watches jewels ornaments of the person and wearing apparel wines liquors and household stores and provisions absolutely
I bequeath all my furniture linen glass china pictures prints musical instruments books and other articles of household use or ornament unto my said Wife during such part of her natural life as she shall remain my Widow and upon her death or future marriage I bequeath the whole of such last mentioned Furniture articles and effects unto my Son Edward Swain absolutely and I direct an Inventory of the said last mentioned Furniture articles and effects to be made and taken by my Executors as soon as convenient after my decease and two copies thereof to be made and respectively signed by my said Wife and Executors one copy to be handed to my said Wife and the other retained by my Executors
I give to my Son Edward Swain the sum of Three hundred Pounds absolutely
I give to my Son John George Swain the sum of Three hundred Pounds absolutely and I give to my daughter Sarah Adelaide Swain Three hundred Pounds absolutely
I give and devise all those my nine Messuages Cottages or Tenements with the yards outbuildings and appurtenances thereunto belonging situate at the West End in Long Clawson aforesaid now in the respective occupations of John Chester William Miller Joseph Miller John Cross Matthew Cross David Chester Robert Bernard Philip Burgin and [blank] Pepper and which I built upon ground purchased by me from the Overseers of the Poor of Long Clawson aforesaid unto my Daughter Sarah Adelaide Swain for her sole and separate use during the term of her natural life she keeping the same in good tenantable repair and condition and keeping the same insured from loss or damage by fire in their full value and from and after the decease of my said Daughter I devise the said nine Messuages Cottages or Tenements hereditaments and premises unto and to the use of my said Son Edward Swain and my Brother John Moore Swain of Long Clawson aforesaid Surgeon their heirs and assigns
Upon trust that the said Edward Swain and John Moore Swain or the survivor of them or the heirs executors administrators or assigns of such survivor (hereinafter referred to as the said Trustees or Trustee) shall sell the same either together or in parcels and either by public auction or private contract and may make any stipulations as to title or evidence or commencement of title or otherwise which they or he shall think fit and may buy in or rescind or vary any contract for sale and resell without being answerable for any loss occasioned thereby and may for the purposes aforesaid or any of them execute and do all such assurances and things as they or he shall think fit
And I declare that the said Edward Swain and John Moore Swain and the survivor of them and the heirs executors and administrators respectively of such survivor shall out of the moneys to arise from the sale of the said real estate hereinbefore devised in trust for sale in the first place pay the costs charges and expenses attending such sale and shall hold the residue of the same moneys In trust for all the children or any the child of my said Daughter Sarah Adelaide Swain who being Sons or a Son shall have attained or shall attain the age of twenty one years or being daughters or a daughter shall have attained or shall attain that age or shall have married or shall marry under that age and if more than one in equal shares
And if there shall be no child of my said daughters who being a son attains the age of twenty one years or being a daughter attains that age or marries under that age then subject and without prejudice to the trusts hereinbefore declared the said Trustees and Trustee for the time being shall stand possessed of the said trust moneys and premises and the interest dividends and income thereof or so much thereof respectively as shall not have become vested or have been applied under any of the trusts or powers of this my Will In trust for all my children or any my child other than and beside the said Sarah Adelaide Swain if more than one in equal shares absolutely
I give and devise all those my five Messuages Cottages or Tenements with the yards outbuildings gardens and appurtenances thereunto belonging situate in the centre of Village in Long Clawson aforesaid now in the respective occupations of Thomas Edgson John Hawley Thomas Rippin William Allen and William Swain and which I built upon land I purchased of Thomas Rouse unto my said Son Edward Swain his heirs and assigns for ever
I devise all the Messuages lands tenements hereditaments and real estate of every tenure (including chattels real) of or to which I shall at my death be seized possessed or entitled or over which I shall at my death have a general power of appointment or disposition by Will (except what I otherwise dispose of by this my Will or any Codicil hereto) Unto and to the use of the said Edward Swain and John Moore Swain their heirs executors and administrators respectively according to the tenure thereof respectively upon trust that the said Edward Swain and John Moore Swain or the survivor of them or the heirs executors or administrators respectively of such survivor shall during such part of the life of my said Wife as she shall remain my Widow receive the rents and profits of the said hereditaments and premises and by and out of the same pay all rents taxes rates and other outgoings whatsoever which shall be payable in respect of the same premises or any of them and also the expenses of keeping the same premises and every of them in good order and repair and the expense of insuring against loss or damage by fire such part of the said premises as shall be of an insurable nature (so far as the same respectively shall not be borne by the tenants or occupiers of the same premises or as the said Trustees or Trustee shall think fit to pay the same) and shall pay the net residue of the said rents and profits unto my said Wife during such part of her life as she shall remain my Widow
And from and after the death or future marriage of my said Wife which shall first happen I give and devise the said last mentioned messuages lands tenements hereditaments and premises unto and to the use of the said Edward Swain his heirs executors administrators and assigns respectively according to the tenure thereof respectively absolutely Provided nevertheless and I declare that if my personal estate not specifically bequeathed shall be insufficient to pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my Will or any Codicil hereto it shall be lawful for the said Trustees or Trustee for the time being at any time or times after the death or future marriage of my said Wife by mortgage or charge of the said hereditaments and premises passing by the general devise lastly hereinbefore contained or any of them to raise any sum or sums of money which the said Trustees or Trustee shall think necessary for the payment of the said funeral and testamentary expenses debts and legacies or such part thereof as my said personal estate not specifically bequeathed shall be insufficient to pay and I declare that such mortgage may be made by appointment or grant of the fee simple of the hereditaments mortgaged and may be made with or without a power of sale and that no person advancing any money on any such mortgage or charge as aforesaid shall be bound or concerned to ascertain or inquire as to the insufficiency of my said personal estate not specifically bequeathed or to see that the money proposed to be raised is actually wanted for the purposes aforesaid or otherwise as to the propriety or expediency of such money being raised And I further declare that the said Trustees and Trustee shall apply the moneys to be raised by any such mortgage or charge as aforesaid in payment of all such part and parts of the said funeral and testamentary expenses debts and legacies as my said personal estate not specifically bequeathed shall be insufficient to pay
I bequeath all the money securities for money goods chattels credits and personal Estate of or to which I shall at my death be possessed or entitled or over which I shall at my death have a general power of appointment or disposition by Will (except chattels real and except what else I otherwise dispose of by this my Will or any Codicil hereto) unto the said Edward Swain and John Moore Swain their executors and administrators Upon trust that they the said Edward Swain and John Moore Swain or the survivor of them or the executors or administrators of such survivor shall call in sell and convert into money such parts thereof as shall not consist of money and I declare that the said Edward Swain and John Moore Swain and the survivor of them and the heirs executors and administrators respectively of such survivor shall out of the moneys to arise from the calling in sale and conversion into money of such parts of the said personal estate lastly hereinbefore bequeathed as shall not consist of money and out of the ready money of which I shall be possessed at my death pay my funeral and testamentary expenses and debts and the legacies (other than specific legacies) bequeathed by this my Will or any Codicil hereto and shall invest the residue of the same moneys in the names or name or under the legal control of them or him the said Trustees or Trustee for the time being in any of the Public Stocks or Funds or Government Securities of the United Kingdom or upon Freehold Securities in England or Wales or in or upon the stocks funds shares debentures mortgages or securities of any Corporation Company or Public body municipal commercial or otherwise in the United Kingdom (but not in any other mode of investment) and may from time to time vary or transpose such stocks funds shares and securities into or for others of any nature hereby authorised at their or his discretion and shall pay the interest dividends and income of the said residuary moneys and of the stocks funds shares and securities on or upon or into which the same or any part thereof may be invested or transposed to my said Wife so long as she shall continue my Widow
And after her death or future marriage shall stand possessed of the said moneys stocks funds shares and securities and the income thereof Upon the trusts and with and subject to the powers and provisions hereinafter declared that is to say
As to Six hundred Pounds part thereof Upon trust to pay the interest dividends and income thereof to my said Daughter Sarah Adelaide Swain during her life and after her death shall stand possessed of the said sum of Six hundred Pounds and the stocks funds shares and securities in or upon which the same shall be invested and the dividends interest and income thereof Upon such or the like trusts in favor or for the benefit of the children or child of my said Daughter and in default of such issue for all my children or any my child other than and beside the said Sarah Adelaide Swain as are hereinbefore declared and contained respecting the moneys to arise from the sale of the said Real Estate hereinbefore firstly devised in trust for sale
And upon trust as to Six hundred Pounds further part thereof shall pay the interest dividends and income thereof to my said Son John George Swain during his life and after his death shall stand possessed of the said sum of Six hundred Pounds and the stocks funds shares and securities in or upon which the same shall be invested and the dividends interest and income thereof In trust for all the children or any the child of my said Son John George Swain who being Sons or a Son shall have attained or shall attain the age of twenty one years or being Daughters or a Daughter shall have attained or shall attain that age or shall have married or shall marry under that age and if more than one in equal shares and if there shall be no child of my said Son John George Swain who being a Son attains the age of twenty one years or being a Daughter attains that age or marries under that age then subject and without prejudice to the trusts hereinbefore declared the said Trustees and Trustee for the time being shall stand possessed of the said sum of Six hundred Pounds and the income thereof and the stocks funds shares and securities in or upon which the same shall be invested In trust for all my children or any my child other than and beside the said John George Swain
And as to all the rest residue and remainder of the said residuary moneys stocks funds shares and securities and the interest dividends and income thereof In trust for my said Son Edward Swain absolutely
Provided always that if any one or more of my said children shall depart this life in my lifetime without leaving lawful issue that then and in that case the messuages lands tenements hereditaments and real estate as also the legacies or sums of money and trust premises given devised or bequeathed to or in trust for such child or children shall go and be and I do hereby give and devise the same to my said Trustees or Trustee in trust for such of my children living at my death and for such of the issue living at my death of any of my children who may have died in my lifetime as respectively being males attain the age of twenty one years and being females attain that age or marry under that age and if more than one as tenants in common in equal shares per stirpes so that no issue remoter than a child of a deceased child of mine shall be deemed as object of the present trust unless the parent of such issue shall also have predeceased me and so that my children being objects of the present trust may take in equal shares and that the issue being an object or objects of the present trust or any of my children may take (in equal shares if more than one) the share which such child or children respectively would have taken if living at my death
Provided always and I declare that every bequest hereby or by any Codicil hereto made to any woman whether of a life or other terminate interest or of an annuity or of a capital fund or sum and whether in possession or reversion shall be for her sole and separate use independently of any husband and of his debts control and engagements and her receipt alone shall be a discharge for all income accruing or payable to her during any coverture in respect of any such life or other terminable interest or annuity and for such capital fund or sums accruing or payable to her during any coverture and she shall not have power to dispose or deprive herself of the benefit by anticipation of any such income or of any such capital fund or sum while her interest therein shall be reversionary and I further declare that as to every person to whom any life or other terminable interest or annuity or any reversionary interest is hereby given and who shall not be under coverture such his or her interest or annuity shall be forfeited upon his or her becoming Bankrupt or wholly or partially selling or charging by way of anticipation or attempting so to do the income accruing or payable in respect of such life or other terminable interest or his or her annuity or reversionary interest (as the case may be)
And I declare that every such forfeited interest shall go and devolve in manner following (that is to say) If the same shall be a life or other terminable interest or annuity the income or any part thereof may during the continuance of the life or until other the natural termination of such terminable interest or annuity or during any less time in the uncontrolled discretion of the Trustees or Trustee for the time being of this my Will be applied as the same shall become payable without anticipation for or towards the maintenance and personal support or otherwise for the benefit of the person who but for the forfeiture would have been entitled thereto and his or her family or any of them and such income so far as not so applied shall from time to time be applied as if such person were dead or his or her terminable interest or annuity had reached its natural termination
But if the interest forfeited shall be a reversionary interest then such interest shall after forfeiture go and devolve as if the person by whose default it shall be forfeited had died in my lifetime
And I hereby declare that the receipt of the said Edward Swain and John Moore Swain or the survivor of them or the heirs executors or administrators of such survivor for the purchase moneys of any property hereby directed or authorized to be sold and for any other moneys paid and for any stocks funds shares or securities transferred to them or him by virtue of this my Will or in the execution of any of the trusts or power hereof shall effectually discharge the person or persons paying or transferring the same therefrom and from being bound to see to the application or being answerable for the loss or misapplication thereof
I devise all estates vested in me as Mortgagee or Trustee unto and to the use of the said Edward Swain and John Moore Swain their heirs executors administrators and assigns respectively subject to the equities and trusts affecting the same respectively and so far as I am beneficially interested as Mortgagee to be disposed of as part of my personal estate for the purposes of my Will and I hereby appoint the said Edward Swain and John Moore Swain Executors of this my will
In witness whereof I the said George Swain to this my last Will and Testament contained in this and six preceding sheets of paper have to each sheet set my hand this Twenty second day of September One thousand eight hundred and seventy seven
George Swain
Signed and acknowledged by the above named Testator George Swain as his last Will and Testament in the presence of us present at the same time and who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Thomas Minkley Postman
John Marson living with Mr Swain
Proved at Leicester on the Ninth day of March 1878 by the Oaths of Edward Swain the Son and John Moore Swain the Brother the Executors to whom Administration was granted
The Testator George Swain was late of Long Clawson in the County of Leicester Grocer and died on the Eighteenth day of February 1878 at Long Clawson aforesaid
Under £2,000
FP Newcome Solicitor Long Clawson