Isaac Watchorn of Plungar 1873 Will
Leicestershire, Leicester and Rutland Archives DE 462/16
This is the last Will and Testament of me Isaac Watchorn of Plungar in the County of Leicester Shoemaker
I give and devise All my real estate whatsoever and wheresoever situate unto my Friends Richard Pell of Plungar aforesaid Farmer and Richard Cheshire of Eaton in the said County Farmer their Heirs and Assigns Upon the Trusts hereinafter declared and expressed of and concerning the same
I give and bequeath all my stock in trade and all other my personal estate and effects whatsoever and wheresoever and of what kind or nature soever unto the said Richard Pell and Richard Cheshire their Executors Administrators and Assigns Upon the trusts hereinafter declared of and concerning the same
And I hereby declare that the said Richard Pell and Richard Cheshire shall stand possessed of my said real and personal estate Upon trust to sell convey and assign the same unto my eldest Son James Watchorn if he shall be desirous of purchasing the same at such price or sum as shall be fixed by a valuation to be made by some competent licensed Valuer to be appointed by the said Richard Pell Richard Cheshire and James Watchorn or if they can not agree to be made by two such Valuers one to be appointed by the said Richard Pell and Richard Cheshire and the other by the said James Watchorn And in case they the said Valuers can not agree in making such valuation then for such price or sum as shall be settled by a third person to be chosen as Umpire by them the said Valuers
And in case my said Son James Watchorn shall decline to purchase my said real and personal estate at such valuation as aforesaid then I declared that my said Trustees shall stand possessed thereof Upon trust to sell convey and assign the same unto my third Son Isaac Watchorn if he shall be desirous of purchasing the same at such price or sum as shall be fixed by a valuation to be made in the same manner as is hereinbefore declared concerning the purchase of the said premises by the said James Watchorn And in case both of my said Sons James Watchorn and Isaac Watchorn shall decline to purchase my said real and personal estate at such valuation as aforesaid then I declare that my said Trustees shall stand possess thereof
Upon trust as to my said real estate that they the said Richard Pell and Richard Cheshire and the Survivor of them his Heirs and Assigns do and shall as and when and at such time and times as they and he shall think most proper (after the refusal of my said Sons to purchase the same at such valuation as aforesaid) sell and dispose of my said real estate either together or in Lots and by public auction or private contract for the most money and best price or prices that can be reasonably and conveniently had or gotten for the same And do and shall stand and be possessed of the Monies to arise by such Sale and Sales and of the rents and profits of my said real Estate which shall accrue due and be received by them in the meantime Upon the trusts and for the ends intents and purposes hereinafter expressed and declared of and concerning the same
And as to my said personal estate Upon trust that they the said Richard Pell and Richard Cheshire and the Survivor of them his Executors Administrators and assigns do and shall as soon as conveniently may be after the refusal of my said Sons to purchase the same at such valuation as aforesaid sell and convert into ready Money or Securities for Money And do and shall call receive and get in all such part and parts thereof as shall consist of Money and Securities for Money and do and shall stand and be possessed thereof and of the interest dividends and profits thereof which shall accrue due and be received by them in the meantime Upon the trust and for the ends intents and purposes hereinafter expressed and declared of and concerning the same
And I do hereby declare that the receipt and receipts of the said Richard Pell and Richard Cheshire and the Survivor of them and the Heirs Executors Administrators and assigns of such Survivor for any money payable to them or him under this my Will shall effectually discharge the person or persons paying the same from being answerable or accountable for the misapplication of nonapplication thereof or of any part thereof or from being obliged to see to the application thereof or to enquire whether such refusal to purchase by said real and personal estate at such valuation as aforesaid has been made by my said Sons (of which refusal such Sale and receipt by said Trustees shall be conclusive evidence so far as any Purchaser of Purchasers is or are concerned)
And I do hereby declare my Will and mind to be that the said Richard Pell and Richard Cheshire and the Survivor of them and the Executors Administrators and Assigns of such Survivor do and shall stand and be possessed of the money to arise from the Sale and conversion hereinbefore by me directed to be made of my real and personal estate (whether sold to either of my said Sons by valuation or otherwise) and of the rents issues and profits thereof to be received by them in the meantime Upon trust to pay and divide the same unto and equally between and amongst my Children Ann the Wife of George Wells the said James Watchorn William Watchorn the said Isaac Watchorn Mary the Wife of the said Richard Cheshire and Michael Watchorn share and share alike as Tenants in common and not as joint Tenants
And I make constitute and appoint the said Richard Pell and Richard Cheshire joint Executors of this my Will hereby revoking all former and other Wills by me at any time heretofore made
And I hereby declare that my Trustees and Executors shall not be answerable or accountable for the acts deeds receipts or disbursements of each other and that they shall not be liable to make good any loss which shall or may happen without their respective wilful neglect or default And that they shall and may in the first instance by and out of the said trust monies and premises from time to time retain to and reimburse themselves respectively and also pay and allow to his and their Co Trustee and Co Trustees all such costs charges and expences as they respectively shall pay incur sustain expend or be put unto in the execution of the trusts of this my Will or in anywise relating thereto
In witness whereof I the said Testator Isaac Watchorn have to this my last Will and Testament contained in three sheets of paper set my hand to each Sheet thereof this fourth day of October One thousand eight hundred and sixty two
Isaac Watchorn
Signed published and declared by the said Testator Isaac Watchorn 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 fourth day of October One thousand eight hundred and sixty two
George Morris
Frederick Malim
Proved at Leicester the eighth day of March 1873 by the Oaths of Richard Pell and Richard Cheshire the Executors to whom Administration was granted
The Testator Isaac Watchorn was late of Plungar in the County of Leicester Shoemaker and died on the eighth day of September 1872 at Plungar aforesaid
Under £200
Resworn at the Stamp Office March 1873 Under £300