James Whittle of Scalford 1879 Will
Leicestershire, Leicester and Rutland Archives DE 463/22 page 515
This is the last Will and Testament of me James Whittle of Scalford Grange in the County of Leicester Farmer
I appoint my Wife Susanna Whittle my two Sons George William Bunney Whittle and William Wilford Whittle and Thomas Morris of Wycombe Leicestershire Farmer Trustees and Executors of this my Will and I appoint my said Wife Guardian of my infant Children
I bequeath all my Personal Estate and Effects whatsoever and wheresoever unto my said Wife and the said George William Bunney Whittle and William Wilford Whittle and Thomas Morris Upon Trust that my said Wife and the said George William Bunney Whittle William Wilford Whittle and Thomas Morris or the survivors or survivor of them or the executors or administrators of such survivor (hereinafter called my Trustees or Trustee) shall continue to carry on the business of a Farmer and Grazier now carried on by me at Scalford aforesaid for so long during the lifetime of my said Wife and afterwards during the minority of my youngest Child for the time being as to my Trustees or Trustee shall seem proper or expedient with liberty for my Trustees or Trustee to use and employ in the said business such part of my Personal Estate or the proceeds thereof as they or he may think fit and with liberty for that purpose to resort to any accumulations of income or profit arising from my personal estate and with liberty also for my Trustees or Trustee to employ any Son of mine by my present Wife or any other person or persons as Bailiff or Bailiffs And also to employ such servants and workpeople in the said business and to pay and allow such Bailiff or Bailiffs servants and workpeople such salaries and wages and generally to conduct and carry on the said business in such manner as my Trustees or Trustee shall in their or his discretion think fit
And I direct that my Trustees or Trustee shall out of my Personal Estate pay my debts funeral and testamentary expences and shall from time to time sell and convert into money such part or parts of my personal Estate as shall not for the time being be used or employed in the said business and that my Trustees or Trustee shall from time to time invest all principal monies coming to their hands under the Trusts of this my Will and not required to be used in carrying on the said business
And I direct that my Trustees or Trustee shall receive the interest arising from any such investment as aforesaid and the profits arising from the said business and shall pay the same to my said Wife Susanna during such part of her life as she shall remain my Widow and from and after her death or marriage I direct that my Trustees or Trustee shall (subject to the power hereinbefore contained enabling my Trustees or Trustee to carry on the said business till my youngest child for the time being shall attain the age of Twenty one years) sell and absolutely dispose of all my Personal Estate and Effects and the accumulations and investments thereof and shall stand possessed of the net moneys arising therefrom and of the income thereof until sold and of such part of my Personal Estate as shall consist of money In trust for all my Children by my present Wife the said Susanna Whittle now born or hereafter to be born who shall attain the age of Twenty one years or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one Child
I direct that my Trustees or Trustee after the death or marriage of my said Wife shall apply the whole or so much as they or he shall think fit of the annual income of the portions of my Children for the time being contingently entitled under this my Will as a common fund for their maintenance education and bringing up in such manner as my Trustees or Trustee shall judge expedient
And I empower my Trustees or Trustee to raise any part or parts not exceeding together one moiety of the presumptive share for the time being of any infant child of mine under this my Will and to apply the same for his or her preferment advancement or benefit as my Trustees or Trustee shall think fit Provided always and I do hereby declare and direct that notwithstanding the trusts powers and directions hereinbefore contained it shall be lawful for my Trustees or Trustee at any time or times after my death to sell dispose of and convert into money the whole or any part or parts of my Personal Estate and to give up the said farming business or to transfer it to any Son or Sons of mine by my said present Wife and lend him or them the capital employed or requisite to be employed therein or any part thereof upon such security and such terms as my Trustees or Trustee shall think reasonable
Provided always and I do hereby further direct that inasmuch as it is very difficult to determine what is income or profit arising from the business of a Farmer it shall be lawful for my Trustees or Trustee from time to time so long as my said farming business is carried on to pay thereout to or for the benefit of my said Wife during her Widowhood and after her death or marriage to or for the benefit of my children by her such sum and sums of money as they or he may think necessary or expedient without considering or determining what the actual profit or income from the said business amounts to
Provided always that if none of my children by my present Wife the said Susanna Whittle shall live to attain the age of Twenty one years or marry under that age then and in such case and subject to the trusts and provisions hereinbefore contained in favor of my said present Wife and my Children by her I bequeath the residue of my Personal Estate and Effects to the said George William Bunney Whittle and William Wilford Whittle (my sons by a former Wife) in equal shares
I devise all Estates vested in me as a Trustee or Mortgagee to the said George William Bunney Whittle William Wilford Whittle and Thomas Morris their heirs and assigns subject to the trusts and equities affecting the same respectively
In Witness whereof I have hereunto set my hand this 6th day of July 1875
James Whittle
Signed by the said James Whittle the Testator as and for his last Will and Testament in the presence of us who in his presence at this request and in the presence of each other have hereunto subscribed our names as Witnesses the name “William Wilford Whittle” on the first page having been first interlined
Alfred Pywell
Clarke Rippin
Clerks to Messrs Latham & Paddison Solicitors Melton Mowbray
Proved at Leicester on the Sixteenth day of June 1879 by the Oaths of Susanna Whittle Widow the Relict George William Bunney Whittle and William Wilford Whittle the Sons and Thomas Morris the Executors to whom administration was granted
The Testator James Whittle was late of Scalford Grange in the Parish of Scalford in the County of Leicester Farmer and died on the Fifteenth day of April 1879 at Scalford Grange aforesaid
Under £1,500