John Swain of Long Clawson 1863 Will
Leicestershire, Leicester and Rutland Archives DE 462/6
This is the last Will and Testament of me John Swain of Long Clawson in the County of Leicester Grocer and Draper
I direct my Executor to pay all my Debts Funeral and Testamentary Expenses
I give to my Wife Sarah an Annuity of Thirty Pounds per annum during such part of her natural life as she shall continue my Widow to be paid to her half yearly the first half years Payment to be made to her at the expiration of six Months after my death. If my wife shall marry again I direct that an annuity of Fifteen Pounds per annum shall be paid to her during her life
I give to my wife such Furniture and Effects as she may select to the Value of Forty Pounds
I give and devise to my said Wife during such part of her natural Life as she shall continue my Widow the free use and occupation of the Messuage or Tenement and the Garden adjoining now in the occupation of my Son George. I direct that if my Wife attempts to mortgage assign or sell the said Annuities or her life Interest in the real Property above given to her the same shall immediately cease
I give and bequeath the following Legacies to be paid at the expiration of twelve Months from my death viz
To my Daughter Sarah white Three Hundred Pounds
To my Son William Two hundred and fifty Pounds subject to the Payments thereout hereinafter mentioned (I have not given him a larger Legacy as I have given to him several Sums of Money in my Lifetime)
I give to my two Grandchildren Sarah and Eliza White Ten Pounds each
I give unto my Son John Moore Swain a Legacy of Three hundred Pounds to be paid at the expiration of three Months from my Wife’s death or second marriage
Subject to the Payment of the above Legacies and the Life Interest of the real Estate and the said Annuities given to my Wife I give and devise all the real Estate of which I shall die possessed unto my said Son George his heirs and assigns for ever And I appoint him sole Executor of this my last Will and Testament
I direct that my Executor shall out of the Legacy given to my Son William pay to himself One hundred Pounds and an arrear of Interest due from William to my Son George and shall out of the said Legacy pay off to Mr Wm Latham of Melton the sum of One hundred Pounds and Interest due to him on a joint note from William and myself
Witness my hand this 26th day of December 1857
John Swain
Signed published and declared by the said John Swain the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Arthur Goodacre of Clawson
W Latham Solr Melton
This is a Codicil to the Will of me the above named John Swain
Instead of my Wife having furniture of her own choice to the value of 40£ I direct she shall have the [“use” missing] of furniture to that amount during her Life and after her death I give the same to my Son George
I revoke the Legacy of three hundred Pounds to my Daughter Sarah White and instead thereof I give the Interest of the said Sum of 300£ at 4 per cent per ann to my said Daughter Sarah during such time as she shall be the Wife of her present husband and after her husband’s death if she survives I direct my Executor to pay her the principal at six Months after her husband’s death with Interest to the time of Payment
I direct that she shall have the power of disposing of the Principal by her Will made during coverture amongst her Children in such manner as she may think best and in default of her doing so I direct that on her death the principal shall be divided equally amongst her children
I direct that the Interest of the said Sum shall be paid into her own hands that she shall have no power to sell or assign her life Interest or the Reversion of the said sum and that the same shall not be subject to the controul Debts or Engagements of her husband
And subject to the above alterations I confirm my said Will
Witness my hand this 6th day of June 1858
John Swain
Signed published and declared by the said John Swain the Testator as and for a Codicil to his Will in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses the word “Daughter” having been first interlined
Arthur Goodacre
W Latham
On the twentieth day of January 1863 the Will and Codicil of John Swain late of Long Clawson in the County of Leicester Grocer and Draper were proved by the Oath of George Swain Son of the deceased the sole Executor named in the said Will having been first sworn duly to administer
Sworn under £800 and that the Testator died on the ninth day of May 1862
