George Warner of Long Clawson 1801 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1801
Note on outside Sometimes Known as Thomas Warner
In the Name of God Amen I George Warner of Claxton otherwise Long Clawson in the County of Leicester, Gardener, do this twenty fourth Day of October One thousand eight Hundred make this my last Will & Testament in Manner as follows
First I will that all my just Debts & funeral Expences be paid as soon as conveniently may be after my Decease by my Executor hereinafter named
I give & devise to my well beloved Wife Elizabeth Warner the House in which I now dwell together with the Garden, Orchard, Homestead & Outbuildings adjoining thereto standing, being and lying in Claxton otherwise Long Clawson aforesaid to have & to hold the same & to have the Profits arising therefrom to be applied for the Maintenance & Support of herself, of my Son George Warner & of my Daughters Mary, Hannah & Elizabeth Warner until my said Son George Warner shall attain to the Age of twenty one Years
& as soon as my Son George aforesaid shall have attained to the Age of twenty one Years, Then I give & devise one half of the said House, Garden, Orchard, Homestead and Outbuildings to my said Son George Warner & to his Heirs for ever; & the other half thereof my said Wife shall retain in her own Possession, for & during the Term of her natural Life
& after her Death I give & devise the Whole of my said House, Garden, Orchard, Homestead & Outbuildings with all Appurtenances to my Son George aforesaid & to his Heirs for ever
And my Will further is that my said Wife & my said Son George as soon as he shall have attained to the said Age of twenty one Years, shall jointly possess & occupy my said House, Garden, Orchard, Homestead & Outbuildings thereto adjoining & belonging & shall equally & alike partake in the necessary Expences requisite for the keeping the said House & Outbuildings in good repair & in the Management & Cultivation of the said Garden, Orchard & in the Profits arising therefrom And the one half of the yearly Profits or Income arising from the said Premises shall go towards the Maintenance & Support of my said Wife & of my Daughters Mary, Hannah & Elizabeth Warner aforesaid as need may require
But if it should happen that my Son George Warner aforesaid should die before he attain to the said Age of twenty one Years, Then I give & devise all his Part or Share in my aforesaid House, Garden, Orchard, Homestead and Outbuildings &c by this my Will given & devised to him or intended to be given & devised to him to my Son William Warner & to my Daughters Mary, Hannah & Elizabeth Warner aforesaid & to their Heirs for ever, to be equally divided amongst them Share & Share alike, to have & to hold the same as Tenants in common & not as joint Tenants
And I give & bequeath all my Goods, Chattles, Money in Hand or out at Use upon Security, & all my personal Property & Estate whatsoever & wheresoever, with the Debts owing to me, to my two Friends Mr Henry Hebb & Mr Edward Moore both of Claxton otherwise Long Clawson aforesaid Graziers, In Trust nevertheless & for the Use & Benefit only of my well beloved Wife Elizabeth Warner, of my Son William [sic, but it would seem from the next paragraph that it should say George] Warner & of my Daughters Mary, Hannah & Elizabeth Warner
That is to say, That they regularly & duly pay the Use Money & the Profits yearly arising from my Money now out upon Interest or which they may put out to Interest after my Decease, on the Account of this their Trust to my said Wife, to be by her applied to the Maintenance & Support of herself, of my Son George Warner & of my Daughters Mary, Hannah & Elizabeth Warner (until my said Son George shall attain to twenty one Years of Age) as Need may require & as she shall think fit to apply & dispose of the same for the Benefit or herself & my Children aforesaid, for & during the Term of her natural Life
And after her Decease my Will is that all the Money & all my personal Property then remaining shall be divided by my two Friends aforesaid amongst my Children in such Manner & in such Proportion as my said Wife by Word of Mouth or in Writing to them delivered before her Decease shall direct But if need so require that a part or even the whole of the Money now out at Interest should be wanted toward the necessary Maintenance & Support of my said Wife or of my said Daughters, Then my Will is that my two Friends aforesaid or one of them or his or their Assign or Assigns shall pay the same into the Hands of my said Wife as Circumstances may require & afterwards dispose of the Residue, if anything remain, in the Manner before directed
And I do hereby make, constitute & ordain my two Friends aforesaid, Mr Henry Hebb & Mr Edward Moore to be Executors in Trust as aforesaid of this my last Will & Testament, but so that they shall not be accountable for any bad Debt or Debts, or for any Loss or Waste that may happen to be made without their Default or Neglect in the Execution of the said Trust, nor shall one be accountable for what the other may do in Relation to the said Trust without his Knowledge & Consent & they shall also retain all their Charges & Expences in Relation to the said Trust
In Witness whereof I the said George Warner have to the first sheet of this my last Will & Testament containing two Sheets of Paper set my Hand & to the last Sheet thereof my Hand & Seal the Day & Year above written
The Mark of George Warner
Signed, sealed, published & declared by the said George Warner (the Interlineations & Erasements being first made) as & for his last Will & Testament in the presence of us, who at his Request, in his presence & in the presence of each other have subscribed our Names as Witnesses thereto
William Chamberlain
Nathaniel Whitchurch
The Mark of Joseph Pickhard
April 14 1801
Let probate be granted to Henry Hebb & Edward Moore, joint Executors of the within written will, they being sworn to the due execution thereof & made oath that the whole personal estate of the deceased, at time of his death, did not amount in value to the sum of One hundred pounds
Sworn before me Tho: Ford Surrogate
