Turner Francis 1831 of Eaton Will

Francis Turner of Eaton 1831 will

National Archives PROB 11/1788/245

This is the last Will and Testament of me Francis Turner of Eaton in the County of Leicester Farmer

First I will that all my just debts be paid

And I give and bequeath to Ann Turner the wife of the late Thomas Turner of Eastwell in the said County of Leicester Farmer the legacy or sum of fifty pounds of lawful money of Great Britain to be paid to her by my Executrixes hereinafter named within twelve calendar months next after my decease

Also I give and bequeath unto Ann Turner and Catherine Turner the daughters of the said Ann and Thomas Turner of Eastwell aforesaid the legacy or sum of twenty five pounds apiece of lawful money of Great Britain to be paid to them the said Ann Turner and Catherine Turner respectively by my Executrixes hereinafter named within twelve calendar months next after my decease

Also I give and bequeath unto my Brother Edmund Turner of the India House London the legacy or sum of one hundred pounds of lawful money of Great Britain to be paid to him by my Executrixes within twelve calendar months next after my decease

Also I give and bequeath unto my Daughters Ann Turner and Ellen Turner the legacy or sum of four hundred pounds apiece of lawful money of Great Britain to be paid to or retained by them respectively out of my personal Estate and effects within twelve calendar months next after my decease

And as to for and concerning all the rest residue and remainder of my monies securities for money stock upon my Farms Hay Corn Grain implements of husbandry household goods and furniture plate linen and china personal Estate and Effects of what nature or kind soever the same may be subject to the payment of my just debts the several legacies hereinbefore by me give and bequeathed funeral expences and the expence of proving this my Will I give and bequeath the same and every part thereof as follows (that is to say)

As to for and concerning one third part thereof the whole into three equal parts to be divided I give and bequeath the same unto my Daughter the said Ann Turner her executors administrators and assigns absolutely for ever to and for her and their own use and benefit

And as to for and concerning one other third part of such residue of my said personal Estate as aforesaid I give and bequeath the same unto my said Daughter the said Ellen Turner her executors administrators and assigns absolutely for ever to and for her and their own use and benefit

And as to for and concerning the remaining one third part of such residue of my said personal Estate as aforesaid I give and bequeath the same unto my two Friends John Hickson of Eastwell in the said County of Leicester Farmer and Grazier and Richard Millward the younger of Hexgrave in the Parish of Southwell in the County of Nottingham Farmer and Grazier their Executors administrators and assigns Upon the trusts nevertheless and to and for the ends intents and purposes following (that is to say)

Upon trust that they the said John Hickson and Richard Millward the younger or the survivor of them his executors or administrators do and shall as soon as conveniently may be after my decease by such ways and means and in such manner as they my said Trustees or the survivor of them his executors or administrators shall think proper convert such remaining one third part of the residue of my said personal estate as aforesaid into ready money And then upon further trust that they my said Trustees or the survivor of them his executors or administrators do and shall forthwith place such money out at interest in their names on Government real or other sufficient security and the same to call in and place out again as they shall think proper and pay to or permit and suffer and authorize my daughter Sarah the Wife of George Kilby of the Town and County of the Town of Leicester Hosier and her assigns for and during the term of her natural life to receive and take the interest dividends and produce thereof from time to time as the same shall become due and payable to and for her own use and benefit or otherwise for the use and convenience of the said Sarah Kilby during her life to permit the said interest or dividends to be received by any other person or persons as she the said Sarah Kilby shall by any writing or writings under her hand notwithstanding her present or any future Coverture from time to time direct or appoint but the said Sarah Kilby is not to be at liberty to assign charge or incumber the said interest or dividends or any part thereof nor shall the same or any part thereof be subject or liable to the debts controul or engagements of her present or any future husband and that the receipt or receipts of the said Sarah Kilby alone or of such person or persons so authorized by such writing or writings under her hand as aforesaid for what shall be actually paid to her or by her order or for her use as aforesaid shall notwithstanding her coverture be a good and sufficient discharge and indemnity to the said John Hickson and Richard Millward the younger and the survivor of them his executors and administrators for the same

And from and after the decease of the said Sarah Kilby then upon trust that they my said Trustees or the survivor of them his executors or administrators do and shall transfer and pay the said principal money which shall come to their hands or be received by them or the survivor of them as aforesaid with its accumulations if any unto the only child or for all and every or such one or more of the children of the said Sarah Kilby by her present or any after taken husband begotten or to be begotten as shall in the case of a Daughter or Daughters live to attain the age of twenty one years or be married whichever event shall first happen And in the case of a Son or Sons shall live to attain the said age of twenty one years to be equally divided between them if more than one share and share alike and to be payable and assignable to such child or among such children at the respective ages and times aforesaid in case the said Sarah the Wife of the said George Kilby shall be then dead but if the said Sarah Kilby shall be then living then the same to be payable and assignable immediately after the decease of the said Sarah Kilby but nevertheless to be a vested interest or vested interests at the respective ages and times aforesaid

And in case any one or more child or children of the said Sarah Kilby by her present or any after taken husband if a Daughter or Daughters shall be under the age of twenty one years and unmarried and if a Son or Sons shall be under the age of twenty one years at the decease of the said Sarah Kilby then the said interest dividends and produce of so much and such part of the said principal trust monies as aforesaid as shall not be then payable and assignable to any such child or children respectively to be by such Guardian or Guardians applied for the maintenance and education of such child or children until his her or their share or respective shares of and in the said trust monies shall become payable to him her or them as aforesaid

Provided always that in case the said Sarah Kilby shall depart this life without leaving any child or children of her body lawfully begotten or leaving any all of them shall die before any of them shall become entitled to a vested interest in the said principal trust monies then upon trust that they my said Trustees or the survivor of them his executors or administrators do and shall after the decease of the said Sarah Kilby as aforesaid pay assign and transfer one moiety or equal half part of such principal trust monies with its accumulations if any unto my said Daughter Ann Turner her executors administrators and assigns to whom I do hereby give and bequeath the same accordingly and do and shall pay and assign and transfer the other or remaining moiety of such principal trust monies with its accumulations if any unto my said Daughter Ellen Turner her Executors administrators and assigns to whom I do hereby give and bequeath the same accordingly

And I do hereby declare it to be my will that it shall and may be lawful to and for my said Trustees their executors and administrators by or out of such of the said principal trust monies as shall come to their hands respectively the interest dividends or produce thereof to deduct and retain to themselves in the first place all such costs charges damages and expences as they or either of them shall necessarily bear pay expend or be put unto for or by reason or means of the trusts hereby in them reposed or in the defence or execution thereof or in anywise relating thereto

And also that they my said Trustees their executors or administrators shall not be answerable or accountable for any more of the said trust monies and premises than what shall actually come to their hands respectively under or by virtue of this my Will nor one of them for the other of them nor for the acts deeds defaults or receipts of the other of them but each of them with or for his own proper acts deeds defaults and receipts only (their joining in receipts for conformity only notwithstanding) nor with or for any involuntary loss or damage that shall or may happen to the said trust monies or any part thereof

And I do hereby nominate constitute and appoint my said Daughters the said Ann Turner and Ellen Turner joint Executrixes of this my Will

And lastly revoking all former Wills by me at any time heretofore made I do publish and declare these five sheets of paper written on one side only and each of them signed by me and the last of them sealed with my seal to be my last Will and Testament this fifteenth day of July in the year of our Lord one thousand eight hundred and twenty six

                                                                                                                Francis Turner

These five sheets of paper written on one side only were each of them signed by the said Francis Turner the testator and the last of them sealed with his seal and were by him published and declared as and for his last Will and Testament in the presence of us who in his presence and at his request have subscribed our names as witnesses thereto

Robt Hy Johnston

Charles Cox

Clerks to Mr Manners Solr Grantham

Proved at London 28th July 1831 before the Judge by the Oaths of Anne (in the Will written Ann) Turner and Ellen Turner Spinsters the Daughters the Executrixes to whom Administration was granted having been first sworn by Commission duly to administer