Joseph Wells of Goadby Marwood 1826 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1826
This is the last Will and Testament of me Joseph Wells of Goadby Marwood in the County of Leicester Grazier as follows
First I direct my Just Debts funeral and testamentary expences to be fully paid
I Give and bequeath unto my Granddaughter Elizabeth Annis All the furniture plate and linen in my now dwelling house marked with the initials of her late mothers name to be delivered to her immediately after my decease
Also I Give my Grandson John the Son of my late Son John Wells the sum of Two pounds and two shillings to be paid him within twelve months after my decease
Then I Give Devise and bequeath All that my Messuage or Tenement with the Yard Garden and Orchard thereto belonging with the Appurtenances situate standing lying and being in Harby in the said County of Leicester and in the Tenure of George Weston And also all the rest of my Personal Estate and Effects of what ever sort or kind the same may be unto my Two friends John Goodwin and Thomas Brown both of Goadby Marwood aforesaid Graziers their heirs executors and administrators Upon this Special Trust nevertheless that they the said John Goodwin and Thomas Brown and the Survivor of them his heirs executors and administrators shall stand seized and possessed of the same and pay the Rents of my Real Estate and the proceeds to arise from my Personal Estate half yearly as they become due unto my affectionate Wife Elizabeth Wells and her assigns for and during the term of her natural life
And from and immediately after her decease Then I will and direct that my said Trustees and the Survivor of them his heirs executors and administrators shall value or cause to be valued the whole of my said Real and Personal Estate and after such Valuation had and taken to grant convey and assign over the same in equal portions as hereinafter mentioned that is to say
I do hereby Will and direct that the said John Goodwin and Thomas Brown and the survivor of them and his heirs shall grant and convey unto my Daughter Elizabeth the wife of the said George Weston her heirs and assigns All the said Messuage or Tenement Yard Garden and Orchard with the Appurtenances situate in Harby aforesaid as and for her proportionate share of my said Propeerty in case the same shall be considered by my said Trustees or the Survivor of them or his heirs an equal share in value with her brother sister and neice But if the said Real Estate shall not be thought equivalent to her said brother sister and neice’s shares Then and in such case the amount in which it shall be deficient shall be made up from my said Personal Estate and Effects But if the said Real Estate shall exceed in Value the shares to be given to my other Children out of my Personal Estate and Effects Then I do hereby expressly subject and charge the said Messuage or Tenement Yard Garden Orchard and premises with the payment of such excess
And whereas my Son Joseph Wells stands indebted to my in the Sum of Seventy Pounds and my Son in Law John Brewitt in the Sum of Eighty pounds Now I do hereby direct that upon the division of my property after the death of my said Wife the respective sums of Seventy pounds and Eighty pounds so due and owing by them to me as aforesaid shall be considered and taken as part of the shares of the said Joseph Wells and Elizabeth Brewitt to my said Property
And as for and Concerning the whole of my Personal Estate and Effects after payment of my just debts funeral and testamentary expences I Give and bequeath the same (Subject to any deficiency in point of Value of my Real Estate as aforesaid) unto my Son Joseph Wells my daughter the said Elizabeth Brewitt the Wife of John Brewitt of Sleaford in the County of Lincoln Tailor and my said Granddaughter the said Elizabeth Annis the Child of my late Daughter Martha Annis in equal shares and proportions
And I do hereby nominate constitute and appoint my said Two friends John Goodwin and Thomas Brown Joint Executors in Trust of this my last Will and Testament Provided and my Will is that my said Trustees and Executors and the Survivor of them his Executors and Administrators shall and may at all times in the first place Reimburse and indemnify themselves and himself Respectively and deduct and retain to themselves and himself respectively out of the said trust premises respectively all costs charges and expences as they or either of them shall or may expend lay out and be unto by reason of any of the Trusts hereby in them reposed and neither of them shall be answerable for any loss which may happen to any of the said trust premises unless such loss happen through his or their wilful neglect or default nor one for the other of them but each for his own acts deeds receipts neglects and defaults only
And Lastly I do hereby revoke all former Wills by me made
In Witness whereof I the said Joseph Wells the Testator have to this my last Will and Testament set my hand and seal this twenty eighth day of April in the year of our Lord One thousand eight hundred and eighteen
Joseph Wells
Signed sealed published and declared by the said Testator Joseph Wells as and for his last Will and Testament in the presence of us who have at his request in his presence and in the presence of each other set our hands as witnesses to the due execution thereof
Thos Clarke
Wm Clarke
Henry Toon
Whereas I Joseph Wells of Goadby Marwood in the County of Leicester Grazier have made and duly executed my last Will and Testament in writing bearing date the Twenty eighth day of April One thousand eight hundred and eighteen Now I do hereby declare this present writing to be a Codicil to my said Will and do direct the same to be annexed thereto and taken as part thereof
And whereas I have therein described my daughter the wife of George Weston by the name of Elizabeth, whereas her name is Mary, I do by this my Codicil rectify such mistake and do hereby ratify and confirm my said Will in all the other particulars thereof
In Witness whereof I have hereunto set my hand and seal this sixteenth day of February one thousand eight hundred and nineteen
Joseph Wells
Signed sealed published and declared by the said Testator Joseph Wells as a Codicil to his last Will and Testament and to be annexed thereto and taken as part thereof In the presence of us who have at his request in his presence and in the presence of each other set our hands as witnesses to the due execution thereof
John Clarke
Thos Clarke
Wm Clark
Melton Mowbray 26th Octr 1826
Let a Probate be made to Thomas Brown of Goadby Marwood in the County and Archdeaconry of Leicester Farmer one of the Executors of the said Testator Joseph Wells deceased power being reserved of making the like grant to John Goodwin of Goadby Marwood aforesaid Grazier the other Executor when he shall apply for the same
He having been first duly Sworn as well to the faithful Execution of the Will and Codicil of the deceased as that the Testator’s Goods Chattels and Credits as they were at his death without deducting any thing on account of Debts due and owing from the deceased are under the value of Six hundred Pounds
Before me William Green Surrogate to the Commissary
Deced died 21st June last