Taylor Eleanor 1849 of Stathern will

Eleanor Taylor of Stathern 1849 Will

Leicestershire, Leicester and Rutland Archives PR/T/1849/177

This is the last Will and Testament of me Eleanor Taylor of Stathern in the County of Leicester Widow

Whereas my late Husband George Taylor of Stathern aforesaid Jobber deceased by his Will dated the twenty second day of June One thousand eight hundred and forty four gave and devised all his real Estate whatsoever and wheresoever unto his friends Andrew Shipman of Eaton in the said County of Leicester and Thomas Shipman of Croxton Kerrial in the same County Farmers their heirs executors administrators and assigns upon the Trusts after mentioned And after the payment of his Debts Funeral and Testamentary Expences and also a certain Legacy of One hundred pounds as therein mentioned gave and bequeathed the residue and remainder of his personal Estate and Effects whatsoever and wheresoever unto the said Andrew Shipman and Thomas Shipman their executors administrators and assigns upon trust to permit and suffer me his said Wife to receive the Interest arising from the said Trust monies as well as the Rents of his said real Estate for and during my natural life if I should so long continue his Widow and after my decease in case I should continue his Widow Upon trust after paying two several Legacies or Sums of Two hundred Pounds each as therein mentioned to pay and transfer the residue of his said real And personal Estate unto such person or persons and in such manner as I his said wife should be my last Will and testament give devise and bequeath the same

Now I do hereby in exercise of the above recited power or authority give and devise all the real Estate whatsoever and wheresoever over which I have by virtue of the said Will such power of disposition unto my Brother in Law Thomas Fisher of Cropwell Butler in the County of Nottingham his heirs executors administrators and assigns Upon trust at such time or times after my decease as he or they shall think best to sell and absolutely dispose of the same either by public auction or private contract and either together or in parcels for the most money that can be had or gotten for the same and convey the same when sold to the purchaser or purchasers thereof and after paying thereout all costs and expences attending such Sale or Sales to stand possessed of and invest one third part or share of the money arising from such Sale or Sales upon good real or Government Security and pay the Interest or Dividends thereof to my Sister Mary Ann Kinning for and during her natural life and after her death to pay the principal of such third part or share to my niece Catherine Kinning (the Daughter of my said Sister) if living or to her child or children equally if dead but if she shall have died leaving no child or children then such third part or share shall go between my two nieces Mary Ellen Kinning and Mary Ann Rimmington their respective executors administrators and assigns equally

I direct that such Interest or Dividends shall be paid into my said Sister’s own hands that her receipt only shall be a good discharge for the same and that she shall not have any power to sell or anticipate such Interest or Dividends

And to pay and divide the remaining two third parts or shares of the money arising from such Sale or sales unto and equally between my said two Nieces Mary Ellen Kinning and Mary Ann Rimmington and to their respective executors administrators and assigns

I direct that until the same shall be sold the Rents of my said real Estate from the Lady day or Michaelmas which shall first and next happen after my death shall go and be paid to or applied for the equal benefit of my said Sister Mary Ann Kinning and my said two nieces Mary Ellen Kinning and Mary Ann Rimmington

I give and devise all my real Estate whatsoever and share of real Estate situate in the parishes of Long Bennington and Westborough in the County of Lincoln and which has come into my possession since the death of my said Husband to my Sister Catherine Fisher her heirs and assigns for ever And I intend my said Sister to have a full and ample power of disposing of this last mentioned real Estate by Will and hereby give her such power accordingly and which if she chooses so to do she shall exercise notwithstanding her coverture

Subject to the payment of my just Debts Funeral and Testamentary Expenses I give and bequeath all the personal  Estate and Effects over which I have under my said husband’s Will a power of disposition together with all accumulation whatsoever which I may make thereto and all other personal Estate of which I shall die possessed unto the said Thomas Fisher his executors administrators and assigns absolutely

Provided always and I hereby declare and direct that every receipt which shall be given by the said Thomas Fisher his heirs executors or administrators to the person or persons who shall become the purchaser or purchasers of my said real Estate so devised to him in trust to sell as aforesaid or any part thereof for his her or their purchase money shall be an effectual discharge for so much money as in every such receipt the person or persons aforesaid shall not be obliged to see to the application or be answerable or accountable for the misapplication of the same money or any part thereof And that every Sale which shall be made and Conveyance which shall be executed by my said trustee for the time being shall be binding and conclusive on the person or persons beneficially interested his her or their heirs executors or administrators

I appoint the said Thomas Fisher sole Executor of this my last Will and testament

In witness whereof I the said Eleanor Taylor the testatrix have hereunto set my hand this twenty sixth day of February One thousand eight hundred and forty nine

                                                                                                         Eleanor Taylor

Signed published and declared by the said Eleanor Taylor the testatrix as and for her last Will and testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our Names as Witnesses

Mary Shipman

Geo: Minkley

Scalford 21 Jun 1849

Thomas Fisher of Cropwell Butler in the County of Nottingham Cottager, the sole executrix in this will named was sworn to the truth & faithful performance thereof as usual & that the goods chattels & credits of the deceased without deducting any debts owing by her therefrom do not amount in value to the sum of fifty pounds (£50) & that the deceased died on the 21st of June instant (1849)

                                                                                                         Before me J Healy Surrogate to the Commissary

On the fourteenth day of July 1849 Before the Reverend Jemson Davies Clerk Master of Arts and lawful Surrogate and Probate decreed to pass Seal to Thomas Fisher the sole Executor in the presence of

John Stockdale Hardy Registrar

Same day Probate dated