John Tyler of Holwell 1872 Will
Leicestershire, Leicester and Rutland Archives DE 462/15 page 285
This is the last Will and Testament of me John Tyler of Holwell in the County of Leicester Labourer
I give and devise unto my friends John Gardner Barker of Holwell aforesaid Farmer and William Duvall of Upper Brunswick Street Leicester Provision Dealer All that my Cottage and homestead called Old Ben’s Cottage with the appurtenances situate at Holwell aforesaid And also all that Close of Land situate and Wartnaby in the said County of Leicester called Wartnaby Wolds and containing three acres and two roods or thereabouts Upon trust at their discretion to permit and suffer my dear Wife Martha Tyler to reside in my said Cottage and receive the rents of my said Close of Land during the term of her natural life if she shall so long continue my Widow to enable her to bring up and educate my two Children John and Elizabeth until they shall severally attain his and her age of twenty one years
And in the event of my said Wife dying or marrying again before my said Son and daughter shall attain his or her age of twenty one years then I authorise my said Trustees to apply the rents of my said Cottage and Close of land for the benefit of my said Son and daughter during his or her minority
And from and after the decease or marriage again of my said Wife if the said Children shall then have attained his and her Majority then Upon trust and I hereby authorize my said Trustees or the survivor of them absolutely to sell and dispose of my said real estate in one or more lots and either by public Auction or private Contract to any person or persons willing to become the purchaser or purchasers thereof and after payment of the expenses attending such Sale Upon trust to pay and divide the net proceeds arising from such sale to and between my said Son and Daughter to whom I give and bequeath the same accordingly
Provided and I hereby declare that in the event of either of my said Children dying under the age of twenty one years then I give and bequeath the moiety of the net proceeds of the said Sale of my said real estate to the survivor of them absolutely and in the event of both of my said children dying under the age of twenty one years then I give and bequeath to each of my said Trustees the sum of ten pounds for the trouble they will have in carrying out the trusts of this my Will and I give and bequeath the balance of the said net proceeds arising from the Sale of my said real estate unto and equally between Thomas Maine of Great Holme Street and William Dewall [sic] of Upper Brunswick Street both in the Borough of Leicester and Eliza Garlick Sister of my said Wife of Market Harborough in the said County of Leicester with benefit of survivorship
And subject to the payment of my just debts funeral and testamentary expences I give and bequeath to my said Trustees all my personal estate and effects whatsoever and wheresoever Upon trust to permit my said Wife to use and enjoy the same during her life if she shall so long continue my Widow and from and after the decease or marriage again of my said Wife Upon trust to divide the same equally between my said two children and in the event of the death of either of them under age then to hand over the whole thereof to the survivor to whom I give and bequeath the same accordingly
And in the event of my said Children dying under age then Upon trust to sell the same either by public Auction or private contract and divide the net proceeds in the same manner and amongst the same persons as the net proceeds of the sale of my said real estate as hereinbefore ultimately disposed of
And I appoint the said John Gardner Baker and William Duvall executors of this my Will
In witness whereof I have hereunto set my hand this twelfth day of January One thousand eight hundred and seventy
John Tyler
Signed and declared by the said John Tyler the Testator as and for his last Will and Testament in the presence of us who present at the same time in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
R Boaler
Charlotte A Barker
Proved at Leicester the fifth day of April 1872 by the Oath of John Gardner Barker one of the Executors to whom Administration was granted Power being reserved of making the like Grant to William Duvall the other Executor
The Testator John Tyler was late of Holwell in the County of Leicester Cottager and died on the eighth day of September 1871 at Holwell aforesaid
Under £100