Whittaker Robert 1740 of Nether Broughton will

Robert Whittaker of Nether Broughton 1740 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1740

In the Name of God Amen I Robert Whiticary of Neather Broughton in the County of Leicester Being weake in body but of Sound mind and memory praised be god for the same I do make and ordaine this my Last will and testament in manner following that is to say

First of all I Recommand my Soule into the hands of God that give it and my Body to the Earth to be Buried in a Christian Like decent manner at the Discression of my Executorix herein after named and as to my Real and Personable Estate where with it pleased God to to Blesse me with in theis Life after my Debts and funerall Charges and Expences are first paid and sattisfied I give and devise and Bequeath as followeth

Item I give unto my Son George Whitcary one Shilling

Item I give unto my Daughter Hannah Whiticary one Shilling

Item I give unto my Son William Quenby one Shilling

Item I give unto my daughter Elizabeth Quenby one Shilling for a Legacey to be paid after me and my wifes decease

Item I give unto my Grandsone John Whiticary my house and Close and orchard and gardens and all out buildings belonging unto it and Cottage Commons in the fields belonging to the house and the three pastures in the pasture and field and Cottage Commons in the fields belonging to the pastures

Item I give unto my Grand sonne John Whiticary after the decease of mee and my wife all my Land and money to come fully to hime after the decese of me and my wife paying such Legacies as I shall set hime to pay and if my grand sonne John Whiticary dyes before he be one an twenty then it shall goe to my grand sone Robert Whiticary paying the same Legacies as John was to pay

Item I give unto my grand sonne George Whiticary ten pounds in mony

Item I give unto my Grand sonne Robert Whiticary ten pounds in money

Item I give unto my grand Daughter Rebeckah Whiticary ten pounds in money

Item I give unto my grand daughter daughter Mary Quenby ten pounds in money

Item I give unto my Grand Sonne William Quenby ten pounds in money

Item I give unto my Grand Sonne Amos Quenby ten pounds in money

Item I give unto my Grand Sonne Robert Quenby ten pounds in money

Item I give unto my Grand Sonne John Quenby ten pounds in money all these Legacies to be paid by John Whiticary as the Come due as soone as John Whiticary is at the age of one an twenty years and if any of these Legatees dy before they Come to one and twenty then thire Legacie is paid and if my grand sonne John Whiticary dy before he be one and twenty then my Grand sonne Robert Whiticary to enter upon the Same effects and pay the Same Legacies as they Come due and if any of these Legatees dy before they Come to one and twenty then thier Legacies is paid

And I do hereby Request nominate and apointe John Hopkin my Lawfull trustee to take care and see that this my Last will and testament be duly and Lawfully Executed

Item all the Rest of my goods and Chattles I give and Bequeath unto Elizabeth Whiticary my dear and wellbeloved wife whome I Constitute make and ordaine my onely and Sole Executorix of this my Last will and testament and I do hereby utterly Disallow Revoake and Disanull all and every other former will and wills made by me in any wise before this time made Ratifying and Confirming this and no other to be my Last will and testament in wittnesse whereof I have hereunto Sett my hand and seal the twenty eight day of May in the yeare of our Lord one Thousand Seven Hundred and thirty eight 1738

                                                                                                         Robert Whiticary his marke

Signed Sealed Published and Pronounced and Declared by the within named Robert Whiticary the Testator as his Last will and testament in the Presence of us

John Hopkin wittnesse

Samuel Hopkin wittness

Elizabeth Manne wittness

Bond, bound George Whitticary grazier of Nether Broughton, William Quenby shepherd of Ab Kettleby and William Stokes needlemaker of Leicester £200 16 July 1740.  Executrix Elizabeth Whitticary died before executing will.  John Whitticary son of the bound George Whitticary is General Legatee but is under age and so cannot execute will but being between the ages of 9 and 12 has appeared before Surrogate and chose his father George Whitticary to act for him in his minority.  Condition bound George Whitticary to administer estate and produce inventory

                                                                                                         George Whiticary

                                                                                                         William Quenby

                                                                                                         William Stokes

The within bound Geo: Whittacary Guardian and Curator of Suites Elected and Chosen by John Whittacary a Minor Genl Legatee named in the last will & Testamt of Robt Whittacary late of Nether Broughton Deced was Sworn Admor with the sd Will annex’d for the use of the sd Minor before the Revd Gerrard Andrewes … Surrogate In the presence of R Stephens Dep: Regr the 16th Day of July 1740

I have seen the Will of Robert Whiticary, dated 28 May 1738, signed and sealed by the testator, and attested by three witnesses.  There are in the body of it two Rasures in two Legacies, where the word (twenty) is erased, and the word (ten) writt in its place.  Which alteration, if it was made by the direction of the testator, may diminish the said two Legacies; but I apprehend it will not vacate the whole Will, which appears to have been duly executed, and remains uncancelled

Will: Strachan Drs Coms May 28 1740