Nathaniel Whitchurch of Long Clawson 1817 Will
The National Archives PROB 11/1596/9
This is the last Will and Testament of me Nathaniel Whitchurch of Long Clawson in the County of Leicester Surgeon and apothecary
I give and devise my Messuage or Tenement in Long Clawson aforesaid in which I now reside with its appurts and also all other my Real Estate whatsoever and wheresoever unto my Sister Mary Whitchurch and to her Heirs and Assigns for ever
I give and bequeath unto my Mother Sarah Whitchurch one annuity or yearly sum of seventeen pounds in addition to the sum of eight pounds which I am bound to pay her yearly for and during the term of her natural life to be paid to her by four equal payments in every year the first payment to be made within three Months next after my decease
I give and bequeath to each of my Brothers and Sisters John Whitchurch Richard Whitchurch Reuben Whitchurch Elizabeth Baldwin & Charlotte Whitchurch the sum of one hundred pounds to be paid to them within twelve Months after my decease subject to the payment of the above annuity and several legacies and also my debts and funeral expences
I give and bequeath all and singular my personal Estate and Effects whatsoever and wheresoever except my two shares in the Oakham Canal and my one share in the Union Canal hereinafter specifically bequeathed to or for the benefit of my Nephew Nathaniel unto my two friends William Orson of Harby and Thomas Buck of Holwell both in the said County of Leicester Graziers their Executors Admors and Assigns upon the trusts hereinafter mentioned that is to say
Upon trust that they my said trustees or such other trustee as shall be appointed under the provision I shall hereinafter insert for that purpose do pay the sum of one hundred pounds to each of my Nephews and Nieces Sarah Susan Mary Thomas Jasper Emma and Robert the Sons and daughters of my said Sister Elizabeth Baldwin within twelve Months after my decease if they shall then have attained respectively the age of twenty one years but in case they or any of them shall not so then have attained that age then upon trust to pay the said legacies to them as they shall so respectively attain it and that they my said Trustees for the time being do apply the Interest and dividends thereof in the mean time towards their respective maintenance and Education
And upon further trust that they my said trustees for the time being do pay one third part of the sum of seven hundred pounds unto each of my Nephew and Nieces George Ann and Jane the Son and daughters of my said Brother John Whitchurch within twelve Months after my decease if they shall then have attained respectively the age of twenty one years but in case they or any of them shall not so then have attained that age then upon trust to pay the said third part of the said sum of seven hundred pounds to them as they shall so respectively attain it and that they my said trustees for the time being do apply the Interest and dividends thereof in the mean time towards their respective maintenance and Education
And upon further trust that they may said Trustees for the time being do pay the sum of three hundred and fifty pounds to each of my Nephew and Niece Charlotte and John the Son and daughter of my said Sister Charlotte Whitchurch within twelve Months after my death if they shall then have attained respectively the age of twenty one years but in case they or either of them shall not so then have attained that age then upon trust to pay the said legacies to them as they shall so respectively attain it and that my said trustees for the time being do apply the Interest and dividends thereof in the mean time towards their respective maintenance and Education
And upon further trust that they my said trustees for the time being do pay the sum of six hundred pounds unto my Nephew Nathaniel the Son of my said Brother Reuben Whitchurch within twelve Months after my decease if he shall then have attained the Age of twenty one years but in case he shall not so then have attained that age then upon trust to pay the said legacy to him when he shall so attain it and that my said trustees for the time being do apply the Interest and dividends thereof in the mean time towards his maintenance and Education
And I do give and bequeath my two shares in the Oakham Canal and my one share in the Union Canal unto my said Nephew Nathaniel Whitchurch to be assigned to him within twelve Months after my decease if he shall then have attained the age of twenty one years but in case he shall not then have attained that age then upon trust that they my said trustees for the time being do if they shall think proper and not otherwise with the consent of my said Brother Reuben if he shall be living and of their own authority if he shall be dead sell the said Canal shares or any of them either by Auction or private Contract as they shall think best for the best price which can be procured for the same and place the money which shall arise therefrom after deducting all expences attending such Sale out at Interest either on Land or Government Security
And upon further trust that they my said Trustees for the time being do assign such of the said Canal shares as shall not have been sold and such Stocks Funds and Securities as shall have been purchased with the money arising from the Sale of such of the Canal shares as shall have been sold unto my Nephew the said Nathaniel Whitchurch when he shall attain the age of twenty one years and that they do apply the Interest and dividends of such Canal shares Stocks Funds and Securities in the mean time towards his maintenance and Education
And as to the Residue of my said personal Estate and Effects I do direct my said trustees for the time being to pay assign or deliver the same unto my said Sister Mary Whitchurch for her own use and benefit
Provided and I do hereby declare that if the said William Orson and Thomas Buck or either of them or any trustee or trustees to be appointed under this present provision in their or either of their place shall die or become unwilling or unable to act in the aforesaid trusts before the said trusts shall be fully executed and performed then and in that case it shall and may be lawful for the acting trustees or trustee for the time being under this Will to nominate any fit person or persons to supply the place or places of the Trustee or Trustees so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trust Estate and trust monies and the Stocks Funds and Securities in and upon which the said trust monies shall be invested shall be paid assigned and transferred so and in such manner that the same may vest in such new Trustee jointly with the surviving or continuing Trustee or in such new Trustees solely as the case may require and his her or their Executors Admors and assigns upon the trusts hereinbefore declared of and concerning the same respectively and every such new trustee shall have and may exercise the same powers in every respect as if he or she had been appointed a Trustee under this my Will
Provided also that it shall and may be lawful for my said trustees for the time being by and out of the monies which shall come to their hands by virtue of the trusts aforesaid to deduct retain and reimburse themselves all costs charges and expences which they or any of them shall or may sustain or be put unto in or about the execution of the aforesaid trusts or in relation thereto
And I appoint the said William Orson and Thomas Buck joint Executors of this my last Will and Testament hereby revoking all former Wills by me at any time heretofore made
In Witness whereof I the said Nathaniel Whitchurch the Testator have to this my last Will and Testament contained in four sheets of paper set my hand and Seal that is to say to the three first sheets my hand and to this fourth and last sheet my hand and Seal this twenty fifth day of May in the year of our Lord one thousand eight hundred & sixteen
Nathaniel Whitchurch
Signed Sealed published and declared by the said Nathaniel Whitchurch the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses
Charles Blagden
Sarah Brex
Chas Latham Junr
I Nathaniel Whitchurch the above named Testator do hereby direct that my trustees for the time being to pay to my Nephew Nathaniel the sum of two hundred pounds only instead of the sum of five hundred pounds as by my Will I have directed and that they do pay the sum of three hundred pounds to his Sister Mary Ann to vest and be paid and the Interest thereof applied at the time and in manner I have by my Will & shall by this my Codicil direct as to the whole of the legacies given to the Children of my Brothers and Sisters
And I do hereby also direct my said Trustees to retain the sum of five pounds annually from the Interest of each of the sums which I have directed to be divided amongst the respective Children of my Brothers and Sisters Elizabeth John Charlotte and Reuben or from so much of such respective sums as shall from time to time remain unpaid until the youngest of such respective Children shall attain the age of twenty one years and that my said trustees do pay the said respective sums or sum of five pounds unto my Sister Mary Whitchurch if she shall so long live
And I do declare this to be a Codicil to my last Will and Testament as Witness my hand this second day of June in the year of our Lord one thousand eight hundred and seventeen
Nathl Whitchurch
Witness
S Langham
Chas Latham Junr
On 2d day of Augt 1817 Admon with Will & Codicil annexed of the Goods Chattels & Credits of Nathaniel Whitchurch late of Long Clawson in the County of Leicester deced Surgeon & apothecary was granted to Mary Whitchurch Spr the natural & lawful Sister & Residy Legatee named in the said Will having been first sworn by Comon duly to Admr William Orson & Thomas Buck the Executors & Residy Legatees In trust named in the sd Will having first renounced as well the probate & exon thereof as also the Letters of Admon with the sd Will & Codicil annexed of the Goods of the said deced.
