George Thorold of Eaton 1858 Will
Leicestershire, Leicester and Rutland Archives DE 462/1 page 113
This is the last Will and Testament of me George Thorold of Eaton in the County of Leicester Miller
Whereas I have contracted and agreed with Mr Robert Lord of Hungerton in the County of Lincoln Farmer for the sale to him of the fee simple and Inheritance of and in All those my three Closes of Pasture Land containing by recent admeasurement twenty four acres three roods and twenty two perches (more or less) situate in the Wood Field in Stathern in the said County of Leicester at the sum of One thousand seven hundred and ninety one pounds and eighteen shillings and which sale is to be completed on the sixth day of April next Now I do hereby devise the said several Closes of Land and Hereditaments unto and to the use of my friends Frederic Malim of Grantham in the County of Lincoln Gentleman and Richard Cheshire of Eaton aforesaid Farmer and to their heirs and assigns for ever Upon trust nevertheless that they the said Frederic Malim and Richard Cheshire or the survivor of them his heirs and assigns do and shall carry out the said contract and convey the same hereditaments and Premises unto and to the use of the said Robert Lord his heirs and assigns or as he or they may direct And I do hereby declare that the receipt of my said trustees or the survivor of them his heirs or assigns for the said purchase money shall be a sufficient discharge to the said Robert Lord his heirs or assigns or other person or persons paying the same And that the said Robert Lord his heirs or assigns shall not be answerable or accountable for the loss misapplication or nonapplication of the said purchase money or any part thereof
And I do hereby declare that my said trustees shall stand possessed of the said trust monies and premises and such Rents and Profits of my said three closes as may be received by them Upon trust in the first place to pay my just debts funeral and testamentary expenses and then upon trust to pay and divide the same unto and equally between my dear Wife Mary Thorold and my daughter Elizabeth Thorold as tenants in common
I give and bequeath all my personal estate and effects whatsoever and wheresoever and of what kind or nature soever including all the Mill Gear Sacks Trucks Barrows and other Implements connected with and belonging to my Mills situate at Eaton aforesaid which I hold under the Duke of Rutland unto and equally between my said wife and daughter to and for their use and benefit as Tenants in common
I devise all other my Real Estates unto my said wife Mary Thorold and her assigns for and during the term of her natural life and immediately after her deceased I devise the same unto my said Daughter Elizabeth Thorold her heirs and assigns for ever
And I do hereby declare that neither of my said trustees shall be answerable for the other of them or for the acts deeds or defaults of the other of them nor for involuntary losses nor for money received under receipts in which they shall join only for conformity And that they shall and may reimburse themselves and each other out of the said trust premises or out of any Monies which may come into their hands by virtue of these presents all costs and expenses to be incurred by them in the execution of the trusts aforesaid or anywise in relation thereunto
And I appoint my said wife and the said Frederic Malim and Richard Cheshire joint executrix and executors of this my Will
Provided always and I hereby declare that the said Frederick Malim as being a practicing Attorney and Solicitor shall be entitled to make professional charges for any business which may be done by him with reference to this my Will or the trusts powers or provisions thereof as fully as if he had not been appointed a trustee or Executor of this my Will and shall be entitled to retain or receive from his Co Trustee and Co Executors out of the Trust Monies which may come to his and their hands the full amount of such charges respectively
In Witness whereof I the said testator have to this my last Will and Testament set my hand this tenth day of December one thousand eight hundred and fifty seven
George Thorold
Signed published and declared by the said testator George Thorold 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 hereunto subscribed our names as Witnesses this tenth day of December one thousand eight hundred and fifty seven
HW Gough
George Draper
Proved 31st March 1858 by the Oaths of Mary Thorold, Widow, Relict of the deceased Frederick Malim and Richard Cheshire the Executors to whom was granted execution
Sworn under £2000 and that the Testator died on or about the 3rd day of January 1858