Thomas Thorold of Eaton 1851 Will
Leicestershire, Leicester and Rutland Archives PR/T/1851/176
This is the last Will and Testament of me Thomas Thorold of Eaton in the County of Leicester Miller
I direct all my just Debts Funeral and Testamentary Expences to be fully paid by my Executor hereinafter named
I give and devise All those my two Messuages Tenements and Bakehouse with the Yard Garden Outbuildings and Appurtenances thereto belonging situate at Eaton aforesaid in the several tenures of my three Sons George Samuel and Richard And also those two Closes or Grounds inclosed containing ten acres and a half or thereabouts situate in the Lordship of Eaton aforesaid in my own occupation unto my friends Thomas Shipman of Croxton Lodge in the said County Farmer and Grazier Andrew Wilford of Wartnaby in the said County Farmer and Grazier John Skinner of Melton Mowbray in the said County Schoolmaster and Frederic Malim of Grantham in the County of Lincoln Gentleman their Heirs and Assigns To the use of my said Son George and his Assigns for his life and after the determination of that Estate by any means in his life To the use of my said Son Samuel and his Assigns for his life and after the determination of that Estate by any means in his life To the use of the said Thomas Shipman Andrew Wilford John Skinner and Frederic Malim their Heirs and Assigns during the residue of the life of my said Son Samuel In Trust for him and to support the contingent Uses hereinafter limited and after the decease of my said Son Samuel To the use of his first and other Sons according to priority of birth and the Heirs of his and their bodies and for default of such Issue To the use of my own right Heirs for ever
I give and bequeath all that my Windmill standing on a piece of Land belonging to his Grace the Duke of Rutland with all the working Gear Implements and Effects belonging thereto standing near the Village of Eaton aforesaid unto my said Son George his Executors Administrators and Assigns And I humbly request his Grace the Duke of Rutland at my decease to admit my said Son George Tenant to the Water Mill as well as to the said Windmill and about twenty three Acres of Land now occupied therewith and my said Son Samuel to the Farm which I now occupy
I give and devise All that my Messuage or Tenement Bakehouse Yard Garden and Hereditaments situate at Long Clawson in the said County of Leicester in the occupation of Thomas Caunt And also all that other Messuage or Tenement with the Hereditaments situate at Hickling in the County of Nottingham in the occupation of [blank] Davis unto my said Son Samuel his Heirs and Assigns for ever Subject to his paying thereout the Legacies or Sums of Three hundred Pounds to my Daughter Ann Scrimshaw and Thirty Pounds to my Daughter Mary Swain which I do hereby respectively give and bequeath to them accordingly
I give and bequeath unto the said Thomas Shipman Andrew Wilford John Skinner and Frederic Malim the Sum of One thousand Pounds Upon Trust to lend the same at Interest unto my said Son George upon his giving Real Security for the same if he wishes to borrow it or in the event of his declining to do so to place out the same on Real or Government Security at Interest and to pay the Interest from time to time to my said Son Samuel to assist him in supporting and maintaining my two Sons John and Thomas so long as both or either of them shall live And from and immediately after the decease of the Survivor of them my said Sons John and Thomas then Upon Trust to pay the said Principal Sum of One thousand Pounds together with any arrears of Interest which may be then due unto and equally between all and every my Sons and Daughters (except my said Son George who is already amply provided for) their Executors Administrators and Assigns as Tenants in Common
I give and bequeath unto my Grand Daughter Elizabeth the Daughter of my Son George by his late Wife Catherine formerly Catherine Clark the Legacy or Sum of Four hundred Pounds to be payable and paid to her by my Executor hereinafter named as and when she shall attain her age of twenty one years but in case she shall die under that age then I give and bequeath the said Sum of Four hundred Pounds unto my said Son George
I give the Legacy or Sum of Four hundred Pounds unto my said Son Richard
I give and bequeath all my live and dead farming Stock and Cropping which may be upon my Farms Lands and Premises and all other my Personal Estate and Effects not hereinbefore disposed of (Subject nevertheless to the payment of my just Debts Legacies Funeral and Testamentary Expences and the maintenance of my two Sons John and Thomas) unto my said Son Samuel Thorold his Executors Administrators and Assigns
I direct that all the said several Legacies to my said Daughters Ann and Mary and to my said Son Richard shall be paid by my said Executor at the expiration of twelve Calendar Months after my decease
And I appoint my said Son Samuel Thorold sole Executor of this my Will And I devise all Mortgaged and Trust Estates which now are or at the time of my decease may be vested in me unto my said Son Samuel Thorold his Heirs Executors Administrators and Assigns Subject to and upon the equities and trusts affecting the same
And I appoint the said Thomas Shipman Andrew Wilford John Skinner and Frederic Malim Guardians of my said Sons John and Thomas and request that they will allow them to live with my said Son Samuel so long as he lives and behaves well to them but if he should not do so then I trust they my said Trustees will interfere and place them under the care of some proper person who shall then be entitled to receive the Annual Interest of the said Sum of One thousand Pounds instead of my said Son Samuel
Provided always and I do hereby declare that the receipt of the said Thomas Shipman Andrew Wilford John Skinner and Frederic Malim and the Survivor of them his Heirs and their or his Assigns shall be a good discharge for all Monies which in such receipt shall be expressed to be received and that all persons paying any Monies to the said Thomas Shipman Andrew Wilford John Skinner and Frederic Malim or the Survivor of them or their or his Assigns for the purposes of this my Will and taking a Receipt from him or them accordingly shall not be obliged to see to the further application of the same Monies nor be accountable for the misapplication thereof
Provided lastly and I hereby declare that on the death refusal or incapacity to act of either of them the said Thomas Shipman Andrew Wilford John Skinner and Frederick Malim or of any Trustee or Trustees to be appointed in his or their place or stead it shall be lawful for the acting Trustee or Trustees for the time being of this my Will or the Executors or Administrators of the last acting Trustee to appoint a new Trustee or Trustees in the place or stead of such Trustee so dying refusing or becoming incapable to act as aforesaid and thereupon the said Trust Monies and Premises shall be assigned and assured so that the same may vest in such New Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require and in his her or their Executors Administrators and Assigns Upon the Trusts and for the ends intents and purposes hereinbefore declared And that every such new Trustee either before or after such assignment shall have and may exercise the same Powers and Authorities as if he had been appointed a Trustee by this my Will
And that none of the Trustees appointed or to be appointed as aforesaid 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 the present and every future Trustee shall and may reimburse themselves and each other out of the said Trust Premises or out of any Monies that may come into their hands by virtue of these presents all Costs and Expences to be incurred by them in the execution of the Trusts aforesaid or any wise in relation thereto
In Witness whereof I the said Testator have to this my last Will and Testament contained in three Sheets of Paper set my hand this tenth day of March One thousand eight hundred and forty nine
Thos Thorold
Signed published and declared by the said Testator Thomas Thorold 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 this tenth day of March One thousand eight hundred and forty nine
Ann …
Jno Thos Phillips
Samuel Thorold executor sworn 21 October 1851
Under £3,000
Died at Eaton 1 May 1851